The annual Christmas booze-up may be a distant memory for some, but according to London-based A&O others may be preparing New Year tribunal claims with bullying, discrimination and harassment the chief offenders.

Unlawful comments

The study – which surveyed the views of more than 1,000 UK workers – found that while 80 per cent of respondents said they could identify unlawful comments, many failed to acknowledge situations that could lead to discrimination claims, reports the HR Review website.
The study found that 59 per cent of respondents said it is not unlawful to swear, but according to A&O swearing based on a legal characteristic – such as gender, sexuality or race – could lead to claim.

Blaspheming

A similar figure said that blaspheming was not unlawful. However, a religious colleague may take offence and use the comments as the basis for a religious discrimination claim.
The firm even warns that sending a colleague an anonymous card and chocolates – particularly if those people are already in relationships or  have made it known they are not interested – could turn into a harassment claim, despite 78 per cent of workers believing it to be lawful.

Disciplinary headaches

Allen & Overy employment partner Karen Seward commented: ‘The festive season is often a favourite one with workers and a rare chance to enjoy a few drinks with colleagues. But once the lights go on and the party finishes, employers can be left with disciplinary headaches.
‘Time and time again, workers throw advice in this area into the political correctness box, not appreciating the litigation risks or the impact on individuals. But they do so at their peril, as an employee can be made personally liable for a discrimination claim under which compensation is unlimited.’