The season of goodwill can quickly turn sour in the workplace, with festive parties and gifts from management leading to a surprising number of bitter legal disputes. Human resources specialists are issuing stark warnings that office celebrations represent a significant risk, with tribunals recently examining cases involving Secret Santa jokes, controversial Christmas trees, and even luxury food hampers.
A Catalogue of Christmas Conflicts
Since 2018, Britain has seen up to 22 employment tribunal cases each year linked directly to Christmas festivities. One notable case involved Miss H Bell, a qualified solicitor working for the Liverpool-based legal firm Carpenters. In December 2020, the firm sent all staff a Christmas hamper so they could enjoy a collective remote party during pandemic restrictions.
Surprisingly, Miss Bell was deeply unhappy to receive the gift. She demanded to return it and was advised by HR to donate it to a food bank if she did not want it. However, the situation escalated into a protracted and bitter email exchange with her bosses. Miss Bell ultimately resigned, claiming she had been constructively dismissed due to the hamper row, but the tribunal later ruled against her claim.
In a separate case highlighting religious sensitivities, pharmacy worker E William, who identified as a ‘Daughter of Eve’ from a US church that does not celebrate Christmas, felt pressured to attend her work's Christmas party. She also reported hearing colleagues laughing about a trendy black Christmas tree and calling it ‘ugly’, which she believed was a racially motivated comment directed at her.
She claimed her employer, L Rowland & Co in Inverness, failed to protect her from victimisation and discrimination. The tribunal awarded her £7,500 for victimisation and injury to feelings, though it rejected her specific claims of religious and racial discrimination.
Pranks and New Legal Liabilities
The potential for festive missteps is broad. Another tribunal heard how Lloyds Bank worker Jamilla Griffin took legal action after being given a prank ‘Always Late’ award at the office Christmas party. She alleged discrimination on grounds of race and disability, though she later withdrew the claim.
Jim Moore, an employee relations expert at HR consultants Hamilton Nash, emphasised the seriousness of these events. ‘The traditional office Christmas party can be a minefield for businesses. There’s so much that can go wrong,’ he said. ‘Employers need to remember that Christmas parties are officially work events, and they can be found vicariously liable for misbehaviour that happens on their watch.’
He added that bosses in the hospitality sector must be particularly vigilant this year. The new Worker Protection Act enables workers to file claims for sexual harassment by third parties, such as intoxicated customers, on the employer’s premises.
The Rising Tide of Tribunal Cases
The data reveals a consistent stream of festive-related employment claims. The annual figures since 2018 are as follows:
- 2018: 12 cases
- 2019: 16 cases
- 2020: 22 cases
- 2021: 10 cases
- 2022: 14 cases
- 2023: 11 cases
So far this year, eight Christmas-related tribunal complaints have already been filed, suggesting the trend is set to continue. These cases serve as a crucial reminder for companies to manage festive celebrations with clear policies and an awareness of their legal duties to all staff, ensuring the holiday season remains joyful rather than litigious.
