Christmas Party

It’s Christmas Party Time!

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It’s the time of the year many employers like to put on some sort of Christmas gathering to thank employees for their hard work throughout the year, in many cases it’s a time when the employees look forward to switching off and letting their hair down,  a little too much in many cases.

However to avoid problems, the boundaries need to be set by the employer, the office party is an extension of the normal work environment if it is held at a separate venue or outside of the normal working hours. Employers can be held responsible for employee actions. It is important that employers communicate to its employees what is and isn’t acceptable at any work social events.

Employees should be aware they could face disciplinary action for any breaches of disciplinary rules including dismissal for gross misconduct following unacceptable behaviour at the Christmas party – they need to understand it is not acceptable to tell their boss exactly what they think of them and expect to get away with it just because they had a little too much to drink!!

Party Poppers

Likewise, employers also need to ensure their managers behave accordingly and must be careful not to let their guard down by being overly social or using alcohol as an excuse to speak freely. Employers should consider drinking arrangements, for example if there is a free bar, consider limiting the arrangements and organising transport home for employees as employers could be liable for the welfare of their employees if they suffer alcohol-induced accidents.

Employers should also make a decision in advance to what leniency will be extended on the day after the party if it is a working day, Health & Safety should be at the forefront of the employers mind for example employees driving to work after having transport home the night before and employers should not expect employees to operate machinery if they are not fit to do so.

It’s important to remember it is a Christmas party and employers should not put the dampener on the festivities as this could have a negative effect and ruin the atmosphere of the party. Providing the employer takes reasonable steps to prevent unacceptable behaviour; employees must also take responsibility for their actions.

Rachael Walsh-Grant
HR Services Manager
December 2013

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The consequences of failing in health and safety

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The Health and Safety at Work etc Act 1974 (HSWA 1974) sets out the basic health and safety duties of a company, its directors, managers and employees. It also acts as the framework for other health and safety regulations, including the Management of Health and Safety at Work Regulations 1999 (the regulations). In terms of consequences, employers risk huge fines and even imprisonment if they fail to implement the correct health and safety duties.

The range of legal obligations placed on employers with respect to health and safety is extensive. The particular obligations which apply in any given case will depend on the activities carried out by the company, the extent of the risks posed by these activities and other factors such as the number of employees. The main obligations imposed by the HWSA 1974 and the regulations include the following:

  • Employers are responsible for ensuring the health and safety of their employees and those that are affected by their activities so far as reasonably practicable (sections 2 and 3, HSWA 1974)
  • An employer must assess and review the work-related risks faced by its employees and by others affected by the company’s activities. This risk assessment must be “sufficient and suitable” (regulation 3, the regulations)
  • An employer must make and give effect to appropriate arrangements for the effective planning, organisation, control, monitoring and review of the preventive and protective measures (regulation 5, the regulations)
  • An employer must audit the adequacy of these procedures (regulation 3, the regulations)
  • One or more competent persons must be appointed to implement the measures needed to comply with health and safety law (regulation 7, the regulations)
  • An employer must provide its employees with understandable and relevant information and training on the risks they face and the preventive and protective measures to control those risks (regulations 10 and 13 of the Regulations and the Health and Safety (Consultation with Employees) Regulations 1996)

Employers with over five employees must also:

  • Produce a written health and safety policy
  • Describe the arrangements for putting the policy into practice
  • Bring the policy and any revision of it to the attention of employees
  • Revise the policy whenever appropriate (section 2 and section 3, HSWA 1974; regulation 2, Employers ‘ Health and Safety Policy Statements (Exception) Regulations 1975)
  • Record appropriate arrangements for the effective planning, organisation, control, monitoring and review of the preventive and protective measures (regulation 5, the regulations)
  • Record the significant findings of risk assessments and any group of employees identified by it as especially at risk (regulation 3, the regulations)

Despite the moans and groans of those employers who bemoan the health and safety red tape, it is clear that a safer working environment is better for everyone including those with an eye on company profits. Not only are the prescribed fines for breach a real deterrent, but employees can pursue a claim in a tribunal if they think that their employer has not provided them with a safe place of work.

If you are worried about whether or not your agricultural business complies with health and safety legislation and would like to talk to someone,  please visit our Agri Business Health & Safety Page.