Office parties are all fun and games until alcohol and merriment give way to bad behaviour.
We don’t want to be the buzzkills here, spoiling your fun at the headiest time of year, but work Christmas parties are a minefield when it comes to sackable offences.
Although the facade of the whole thing is that you’re there to let your hair down and ring in the celebrations, your bosses will still be present and you could get in trouble for your antics.
Whether it’s a romantic attempt that doesn’t go how you’d planned or a moment of madness when you tell your supervisor exactly what you think, it could even lead to your dismissal.
The setting of a bar (or as is the case these days, some sort of team-building mini golf or virtual darts space) might feel so different to your usual workplace that it lowers your guard and has you acting like you would on a night out with your mates.
But, you’re still under contract, and – as well as the fact you should always be a considerate person – you have to be aware of what that entails.
Rachel Suff, senior policy adviser at the CIPD, the professional body for HR and people development, tells Metro.co.uk: ‘Anything which your employer counts as gross misconduct could give them grounds to fire you, whether it happens at the Christmas party or in the office.’
According to Rachel, ‘this can include, but is not exclusive to, physical assault, sexual harassment (or any other form of harassment or discrimination), theft, or breaching your employer’s drug and alcohol policy’.
This can also apply once you leave the office. So if you end up getting into a fight while in your work uniform, or bring your company into disrepute in some identifiable way, this could be considered gross misconduct.
It should go without saying that you should never start fights, be aggressive, or sexually harass people. But, if you’re someone who doesn’t normally drink or reacts badly to alcohol, the best advice is to avoid it altogether so you can keep an eye on what’s going on.
While you might think a provocative joke is appropriate after a few jars (it’s not, FYI), that could be the catalyst for the end of your employment. Even the ever-popular photocopying of the bum could get you in trouble.
Your boss will have to go through certain channels, however, if they do wish to fire you after what you’ve done.
‘If you’re suspected of gross misconduct your employer shouldn’t sack you on the spot,’ says Rachel.
Instead, she says, they ‘should carry out an investigation to establish the facts first. You may be suspended on full pay while this takes place.’
During this investigation, you will be able to give your side of the story, but witness accounts and potentially even CCTV footage will also be taken into account.
If you know you’ve ballsed up and want to apologise, you shouldn’t assume that this means you won’t face consequences.
Rachel says: ‘It all depends on the nature of the incident and how seriously your employer views it once they’ve completed their investigation.
‘An apology is always welcome but may not be enough in some cases.’
Then there’s the situation where you feel you’ve been mistreated. Perhaps you believe that you’re being sacked when other people have done similar things and not been disciplined. Or you might feel the investigation didn’t take into account mitigating circumstances or your length of service and previous record.
‘It’s important that any investigation into alleged gross misconduct is fair and thorough,’ says Rachel.
‘If you don’t agree with your employer’s decision you should have the chance to appeal it. Your final option is to take your case to an employment tribunal if you think the dismissal is unfair.’
It’s worth noting that this really is a last resort, and employment tribunals are costly and don’t always win.
This is for situations that are genuinely unfair, not where you can’t remember trying to kiss your desk-mate’s wife because you were full of prosecco and so it doesn’t count.
The best thing you can do for everyone this Christmas is drink in moderation, remember you’re at a work event, and continue being the (hopefully) lovely person you are normally.
Then, you can simply sit back and watch everyone else’s drama unfold.
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source https://metro.co.uk/2019/12/06/can-get-fired-happens-christmas-party-get-fired-11278648/
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