Paul Kelly, Head of Employment at Blacks Solicitors, discusses the rules around Christmas parties in the age of COVID, and whether employers can arrange a celebration for employees.
What each tier allows you to do in terms of going to work
Under the new tier system, workplaces in all tiers can remain open however they must follow Covid secure guidelines. Whilst government guidance in relation to working from home remains and all employees are encouraged to work from home if they can, employees who live in a different tier to that of their workplace are allowed to travel in for work purposes.
However, employees must remember that their tier follows them so an employee who lives in tier 3 but works in tier 2 must follow the rules of tier 3 even though they are physically in a lower tier. This will lead to a strange situation whereby colleagues sitting next to each other in the same building will be subject to different rules in terms of what they can and cannot do.
What each tier allows you to do in terms of social events
When planning a workplace social event, employers need to be mindful of the rules of each tier as this will dictate what they can and cannot do.
Under tier 1 (medium level) the rule of six applies. This permits a maximum of 6 people from different households to meet indoors and this includes restaurants or the home.
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Under tier 2 (high alert) people must not socialise with other households or those outside of their support bubble in any indoor setting such as a home or public place. People are however permitted to socialise in a group of up to 6 people outside and this includes a garden or public place. Pubs and bars have to close unless they are serving a ‘substantial meal’ but must take last orders at 10pm and close at 11pm.
Under tier 3 (very high alert) people must not meet socially indoors or in most outdoor places with anybody they do not live with, or who is not in their support bubble. Hospitality venues will be closed unless they are providing takeaway services.
What employers can do to make work social events safe (if they are even allowed) and how many people they are allowed.
Unfortunately, the rules make the traditional office Christmas party a non-starter for 2020 as based on current legislation and tier guidance, there are no exceptions for employers wishing to hold social events for their staff over the festive period.
Employers lucky enough to be in tier 1 can permit employees to socialise in groups of 6 indoors, but sadly any employees who live in tiers 2 and 3 cannot take part.
Tier 2 and tier 3 employers will not even be able to do this.
Tier 2 employers can hold small gatherings in their back gardens with up to 6 employees and there are some restaurants in tier 2 offering outdoor tables whereby individuals from different households can have a meal. Again, participation is subject to an employee’s individual tier.
Given these stringent rules it is therefore likely that there will be some very liberal interpretation of what constitutes ‘work’ in the run-up to Christmas. For example, is a socially distanced monthly team meeting in December held in the office and attended by more than six people where food and alcohol is provided, and music played permitted?
Despite the temptation, employers are advised not to breach the rules or look for creative ways around them – not only will this put their staff at risk of catching Covid-19, they may find themselves on the wrong side of the law.
What alternatives to the traditional Christmas party are on offer?
Since the first lockdown more and more social events have moved online and there are many virtual events on offer that employers can consider as an alternative to the office Christmas party. Events such as virtual gin/wine/beer tastings, cheese tasting, escape rooms, wreath making, and cocktail classes are becoming more common.
Alternatively, employers can hold a virtual Christmas party whereby employees are provided with a takeaway food/drinks voucher for them to enjoy together with colleagues online, all from the comfort of their own home.
For more information on the legalities of organising a Christmas party in the age of COVID, or for any other employment matter, please contact Paul on PKelly@LawBlacks.com
