Don’t let employment tribunal ruling ruin trip to pub

Straight-talking common sense from the front line of management

‘As we have seen during the lockdown, parties must be approached with caution’

Q

I saw recently that a casino worker won £75,000 for being excluded from social drinks on a work night out. I’m a small-business owner and, as I’m sure you know from experience, small companies create close-knit groups of friends. Consequently I often have a few drinks at the end of the week with two or three close colleagues. However, there are only six of us in the company and I am suddenly worried that I could be leaving myself open to legal action by not inviting the others. It has made me think twice – should I invite the rest of the gang?

A

It can cause problems if the boss has favourites and I can understand the casino worker feeling sidelined when she was excluded from a works drink party, but that is different from a couple of pints after work. I get the impression that your pub night is a long-standing tradition formed through friendships that go well beyond the workplace, so, in my view, there is no obligation to include everyone in the office.

But, as ever, it is best to be sensitive and use common sense. If there is a hint that a colleague feels shunned and forgotten, find an opportunity to show your friendship and concern. But that doesn’t mean giving an open invitation every time you fancy going to the pub.

Don’t allow your life to be ruled by every judgment made by an employment tribunal. Most cases have special circumstances, often beyond the headline incident. The back story often influences the tribunal’s decision. But some HR consultants consider that each judgment sets a precedent every business would be wise to follow. Before you decide that the casino worker has established a principle that puts your cosy Friday night drinks at risk, look up the details of the case and come to your own conclusions.

If we have to consult the rulebook before popping down to the pub, where are the regulations that govern day-to-day business going to end? Will it be a sign of favouritism if you always sit next to the same colleague in the canteen? Can it be labelled discrimination if you regularly give someone a lift to work? Does every business have to produce a code of conduct to regulate their use of the smoking shelter and do offices need to follow some strict guidelines each year when they play Secret Santa?

Although we are in the middle of summer, companies are already planning Christmas parties, events that are surely full of opportunities for employees and their bosses to act out of character and bring a rapid end to a promising career. As we have seen during the lockdown, parties must be approached with caution.

The really sad thing about your question is that you are not as concerned about doing the right thing, as you are about being in the wrong. Management is becoming progressively dominated by safeguarding and following regulations. Mavericks who make money and build big businesses often fall foul of their compulsory crowd of non-executives when they get too big, because they are judged against a collection of compliant key performance indicators rather than their proven ability to create cash.

You clearly see the casino worker’s award as a threat, but plenty of others will seize on it as an opportunity. Every groundbreaking judgment in favour of an employee, customer, supplier or even an innocent bystander is seen as a new opportunity by the ambulance chasers. At a time when there is such concern about the cost of living and price increases, we still allow lawyers, insurance companies and consultants to come up with more ways to increase company costs by complying with phantom regulations. (Did you know that PAT testing of electrical equipment isn’t a legal requirement?)

Unsurprisingly, opportunistic fee creators are constantly on the lookout for a lucrative successor to PPI, (the banks’ payment protection insurance that fell foul of the regulator). Perhaps the street stalls advertising “Have you had an accident at work?” will soon be saying “Have you been excluded from the corporate pub crawl?”.

There is a temptation to label these litigious lawyers as the leaders of the fee creation sector, however they play an important role in protecting the underdog. But their fee-seeking campaigns come at a considerable cost, particularly for the top companies that employ plenty of expensive compliance executives. Perhaps it is time to measure the price we pay for our risk-averse society.

Back to your drinking dilemma – to be on the safe side, ask if the others would like to join you at your next session – the chances are it’s the last thing they want to do.