"When planning this year's Christmas party you may want to keep it alcohol free, separate men from women at the dinner table and if you must have music, a selection from Mahler (that's not a boy band) would be a good idea."
That is the advice from Stephen Roche, Chief Executive at Pellys LLP solicitors, for any business that has a history of their annual Christmas Party getting out of control.
The latest development in the saga that is the Employment Equality (Sex Discrimination) Regulations 2005 took place recently and has formalised the ingredients that constitute sexual harassment. The wording of the regulation defines harassment as:
'Unwanted conduct that takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. Harassment may involve physical acts or verbal and non-verbal communications and gestures.'
Stephen Roche commented:
"Not unreasonably, it is the interpretation by the recipient of unwanted attention, comments etc that is all important; but as we all know, one person's glance is another person's stare and if it is directed at a woman's chest, a claim of sexual harassment may follow."
It would seem that whilst the motivation behind the Regulations was quite properly to protect the rights of the individual and not to create a 'puritan community', there is no doubt that given the eagerness with which elements of today's society will turn to litigation, the Regulations have made it easier for them to lodge a complaint.
Christmas parties have always been synonymous with someone over-indulging in alcohol and making a fool of themselves or the opportunity to turn a dance with 'an attractive person who is normally unapproachable' into an over-enthusiastic salsa. The problem now is that if it happens, it's the employer who has to deal with any ensuing claim.
ENDS