Northumbria Police's recent "The Party's Over" campaign, clamping down on anti-social behaviour by drunken revellers, has been hailed a success - just as the office Christmas party season is upon us. The combination of free booze, over-excitement and finding out exactly what one's colleagues are like away from the office can have unforeseen and disastrous consequences. Christmas can be just as busy for employment lawyers as it is for their colleagues practising criminal and family law.

So what can go wrong? Most people have heard stories of colleagues having one too many and telling the boss exactly what they thought of him, only to regret it with a passion when sobriety kicked in the next day.

And just as many managers have dreaded going into work the following day, having seriously embarrassed themselves the night before.

Part of the problem is that employers and employees alike believe that once they are away from the office, they are no longer at work and, therefore, none of the usual rules apply. This is not the case.

An employee who makes unwelcome sexual advances to a colleague at a Christmas party, or derogatory comments on the basis of that colleague's sexuality, very clearly does so in the course of his employment.

An employer who has organised the party and paid for the alcohol is going to find it difficult to escape liability for his employee's actions.

In truth, there is no need for the party to be over, provided common sense prevails. All staff need to be reminded that they are still at work during the Christmas party, and while it may be appropriate to relax the normal standards of behaviour to a degree, they cannot be dispensed with altogether.

* Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com

Published: 13/12/2005