The festive season is well and truly under way and office Christmas parties are a great time of year to let your hair down and have some well-earned fun with colleagues. When the drinks are flowing and everyone is in good spirits, however, some actions may seem a better idea than they would in the cold light of day. Sarah Calderwood, employment specialist at solicitors’ firm Slater Heelis (www.slaterheelis.co.uk/employment) explains. What goes on at the office party is not guaranteed to stay at the office party, and there are a number of potential risks that both employees and employers should think about before the champagne corks start popping.

Although not uncommon, the office romance is complicated when it comes to the law and there are a lot of written and unwritten rules when mixing business with pleasure.

Some companies will forbid inter-company relationships, while others may just frown upon the office romance in general. But no matter what a company’s policy on relationships, there is some reason behind the restrictions.

Office romance gone wrong

If you have ever worked anywhere where an office romance has developed, you may have noticed that once the initial excitement has fizzled out, colleagues can be left feeling uncomfortable or jealous. They may feel favouritism goes on or that a more junior member of staff has some insider management information.

But beyond that, employers could be left in a sticky situation if the couple in question no longer get on or the relationship ends badly, disrupting the atmosphere for the rest of the office. Or more seriously, employers could find themselves vicariously at fault if they fall into some of the legal pitfalls.

Clear procedures on office relationships

Companies should set out clear guidelines about office relationships so that any issues can be addressed and dealt with appropriately. This could be ensuring that all relationships are brought to the attention of the management, or setting out procedures for forbidden coupling if it does arise. Without procedures in place, employers could be liable for sexual harassment claims, as companies are legally bound to ensure all reasonable steps have been taken to prevent this from occurring. This applies to harassment from clients and third parties as well as harassment from colleagues.

Additionally, an employer could face a claim for breach of contract if they are deemed to have dealt with a situation insensitively or without privacy. Employers and employees are bound to treat each other with respect, and if this is not upheld, an employer could be liable for unfair or constructive dismissal.

Remember, that the fallout of a Christmas fling may last long after the party’s over, so take heed before having that third or fourth eggnog this year, unless you are prepared for all consequences of the office romance!