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As November draws to a close and we enter the festive period, we hope it has been a productive month for [Company Name]. In this edition of our newsletter, we bring insight into unusual dismissal cases, including when an employee falls asleep at work, and share practical guidance on keeping work Christmas parties safe from legal and HR issues.
If you require further information on anything included in this update or any employment issue you may be facing, contact our Employment team on 0330 123 9501 or reply to this email.
KEEPING WORK CHRISTMAS PARTIES SAFE FROM LEGAL AND HR ISSUES
As the festive season approaches, many organisations will be planning Christmas parties. While these events are an opportunity to celebrate staff achievements and boost morale, they also carry potential legal and HR risks if not carefully managed.
Ensuring the right planning, communication, and follow-up can help protect both your employees and your organisation.
Managing absence and leave:
- Plan and monitor leave: Encourage regular leave to avoid December rush and unwanted carry-over.
- Offer flexibility: Use homeworking or varied hours to balance workloads and personal commitments.
- Manage sickness consistently: Ask unwell staff to stay home and apply policies fairly.
- Prepare for closures: Ensure contracts and leave policies reflect any festive shutdowns.
Festive parties:
- Inclusive planning: Invite all staff and consider accessibility, dietary needs, and non-alcoholic options.
- Set expectations: Share codes of conduct, anti-harassment rules, and photography policies.
- Keep events safe: Have a sober senior staff member on hand and manage alcohol responsibly.
- Respect diversity: Avoid pressuring staff who do not celebrate the festive season.
Workplace closure:
- Communicate early: Share closure dates across email, website, signage, and out-of-office messages.
- Clarify expectations: Ensure employees know leave arrangements and can disconnect from work.
- Support wellbeing: Remind staff of counselling, employee assistance, or other support options.
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UNFAIR DISMISSAL FOR SLEEPING AT WORK Mr C Okoro v Bidvest Noonan (UK) Ltd
Mr C Okoro, a security officer, was dismissed after being found asleep during his shift. He claimed unfair dismissal, arguing that the disciplinary process was flawed and the sanction disproportionate.
The Employment Tribunal found that while the employer had legitimate concerns, procedural shortcomings in how the disciplinary process was applied meant the dismissal was unfair. Even when misconduct is clear, following fair processes is essential to reduce legal risk.
Key takeaways for employers:
- Investigate incidents thoroughly and impartially.
- Document all disciplinary concerns clearly.
- Apply policies consistently.
- Ensure procedural fairness before dismissal.
Bottom line: Even clear incidents of falling asleep at work must be managed fairly and transparently to reduce the risk of successful claims.
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Speak to one of our employment law & HR experts
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© Copyright 2025 | Flint Bishop Limited. All rights reserved The content of this email is provided for general interest and information. It contains only a brief overview of aspects of the subject matter and is not intended to provide comprehensive statements of the law. It does not constitute legal advice and is not intended to provide a substitute for it. Your information will be processed in accordance with our privacy notice. Flint Bishop Limited (Flint Bishop) is a Limited Company registered in England and Wales (Reg No: 05991683). Registered office: Pinnacle Building, 2 Prospect Place, Pride Park, Derby DE24 8HG. Flint Bishop Limited is authorised and regulated by the Solicitors Regulation Authority (SRA ID: 8006955). VAT No: 469 2812 59. The word ‘partner’, used in connection with Flint Bishop, refers to a director or employee and should not be construed as indicating any relationship of partnership (within the meaning of the Partnership Act 1890) exists between all or any of the individuals so designated or between any individual and Flint Bishop. A list of directors’ names is available for inspection at our registered office. Flint Bishop, Flint Bishop Solicitors, FB Costs and FB Training are also trading names of Flint Bishop Limited.
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