As excitement builds for a right royal celebration on 19th May, it’s not just Meghan and Harry who are making plans for their big day. Couples up and down the country are planning hen and stag parties and other celebratory events leading up to their own wedding day.
Whilst we’re looking forward to the wedding party as much as the next person, as employment law gurus, we can’t help but consider the knock-on effects that weddings and wedding-related celebrations have on employers. Sad but true!
Did Meghan Markle have a hen party?
If you believe the tabloids, Meghan Markle’s hen do took place at a spa retreat nestled in the Oxfordshire countryside. After Harry’s 2012 exploits playing ‘strip billiards’ in a Las Vegas hotel suite, we doubt whether his stag do will be on the same scale. We suspect Harry has learnt his lesson and something low key will be the order of the day. Meghan must have a beneficial calming influence on him!
Employee conduct outside of work
Wedding season is upon us and it’s highly likely there are employees in your organisation gearing up for their own big day. Close colleagues will be invited to hen and stag parties, and before you know it there’ll be a strong employee contingent attending the marriage celebrations.
There are some clear risks associated with employees socialising together. Any form of debauchery can reflect badly on the employer, particularly when multiple colleagues are involved. How employees conduct themselves outside of work can still be a reflection of you, their employer, and potentially bring the reputation of your business into disrepute. If employees act outside of work in a way that does not represent your organisation’s values or behaviours, is it right for an employer to begin disciplinary proceedings?
When social events are work related or organised by the business the guidance for employers is quite clear. Incidents arising from employees attending private celebrations are more of a grey area. Here are four scenarios that could easily arise along with our guidance for employers on how to manage them. We hope you find them useful.
Scenario 1
During high jinks on a colleague’s stag weekend, an employee breaks their ankle and is expected to be absent from work for at least three weeks. They have a manual role and may not be fit to carry out their job for a period on their return.
Our guidance to employers
Check their contract of employment. Your terms may stipulate that absence occurring as a result of illness or injury caused by the employee’s own negligence or recklessness will automatically lead to them receiving Statutory Sick Pay only. Even if not specified, you may still be in a position to exercise discretion and withhold any company sick pay that may otherwise have been payable. You should however, be mindful of any existing custom and practice around exercising discretion.
When managing the employee’s return to work, apply normal procedures such as review meetings, phased return and any other adjustments recommended by medical professionals.
Scenario 2
An employee posts a video on social media of a group of scantily clad, drunken colleagues swearing whilst on a hen weekend. The video goes viral. The individuals involved identify your organisation as their employer in their social media profiles.
Our guidance to employers
Refer to your social media policy and check whether the employee has breached any elements of the policy by mentioning your organisation on their profile.
You should also consider whether the incident is a breach of any clauses in your disciplinary procedure, e.g. actions that may bring the company into disrepute or pose risk to client relations. Such clauses may even be identified as gross misconduct. For further advice on social media policy, download our free factsheet.
Scenario 3
A group of employees attend a colleague’s wedding reception and all of them come into work with hangovers the next day.
Our guidance to employers
Firstly, let’s just assume your invitation was lost in the post!
If the individual’s performance or behaviour are affected and they are unable to perform their duties effectively, you may consider sending the individual home as being unfit to attend work. Whether this suspension results in full pay or pay can be deducted will depend largely on the procedures you have in place.
You should ensure there are written guidelines in your Employee Handbook setting out the consequences should someone present themselves for work under the influence of drugs or alcohol, and make it clear what actions the company will take in those circumstances.
You should also be mindful of any health and safety implications, particularly if the employee is operating machinery or driving vehicles.
Scenario 4
A colleague brings a complaint of sexual harassment against another colleague. The incident in question took place at a wedding celebration where a number of other employees were present and witnessed what happened.
Our guidance to employers
In this scenario it’s unlikely the employer would be in a position to take any formal disciplinary action. If the alleged victim submits a grievance, you would need to consider protecting the alleged victim from further acts of harassment, such as through redeployment, and ensure you communicate your company’s harassment policy effectively.
The alleged victim would, of course, have every right to take this matter to the authorities if the actions were considered a criminal offence.
Advice to managers
If you know your employees plan to celebrate a special occasion together, it’s wise to offer a gentle reminder to them about the behaviours that are acceptable, particularly around posting on social media. This is an area in which we’ve helped several clients develop company policy.
A clear and understandable company social media policy:
- Defines the behaviours you consider to be acceptable online.
- Outlines whether you are happy for employees to identify you as their employer on their social media accounts.
- States whether it’s appropriate for managers, colleagues and clients to connect on social media platforms.
If you’d like further guidance on the issues raised in this post, or would like our support to develop a social media or other employment policy, please call us on 01942 727200 or use our online contact form.