Christmas may be the season of goodwill, but work parties and gifts from the boss can lead to some very un-jolly disputes in the courts.
HR experts have warned that festive celebrations can be a minefield, with recent tribunals launched over ‘Secret Santa’ gags, trendy trees and even a luxury hamper.
Up to 22 Christmas-related tribunals have been heard each year in Britain since 2018.
One woman, named Miss H Bell, was so appalled at being sent a Christmas hamper that she demanded it be returned – launching a tit-for-tat email row with her bosses.
The woman, a qualified solicitor working for a legal firm called Carpenters in Liverpool, claimed she was ultimately forced out of her job.
The tribunal was told earlier this year: ‘Surprisingly, [Miss Bell] was unhappy to receive the hamper which had been sent by Carpenters to all staff in December 2020 so that they could collectively join in a remote Christmas party.
‘She told HR that she wanted to return the hamper and was encouraged to donate it to a food bank if she did not want it.’
However, she was unhappy about having to dispose of the gift, and the situation escalated into a bitter argument.
Miss Bell ultimately quit her job and claimed she had been constructively dismissed, citing the hamper row, but the tribunal ruled against her.
In another instance, a pharmacy worker named E William said she was a ‘Daughter of Eve’ – a member of a US church that does not celebrate Christmas – and felt pressured to attend the works Christmas party.
She claimed she also heard a group of colleagues laughing about a trendy black Christmas tree, calling it ‘ugly’, which she felt was directed at her and was racially motivated.
She claimed that her bosses at L Rowland & Co pharmacy in Inverness did not protect her from victimisation and discrimination.
The tribunal awarded her £7,500 for victimisation and injury to feelings but rejected her claims of religious and racial discrimination.
Another case heard how a worker at Lloyds Bank called Jamilla Griffin took her employer to tribunal after being handed a prank ‘Always Late’ award at the Christmas party.
She alleged discrimination on the grounds of race and disability, but ultimately withdrew the claim.
Employee relations expert Jim Moore, of HR consultants Hamilton Nash, said: ‘The traditional office Christmas party can be a minefield for businesses. There’s so much that can go wrong.
‘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 bosses in the hospitality sector need to be extra vigilant this year as the new Worker Protection Act lets workers file claims for sexual harassment by third parties such as intoxicated customers or visitors to the employer’s premises.
Eight Christmas-related tribunal complaints have been filed so far this year. There were 12 in 2018, 16 in 2019, 14 in 2022, 22 in 2021, 10 in 2022, 14 in 2023 and 11 in 2024.
