By Patrick Hind -

Now that we are in the month of December, many employees will be turning their attention towards Christmas and in particular, the Christmas party.

While for many it is the chance to enjoy a glass of mulled wine too many and twirl around the dance floor with the new HR assistant, a new poll has discovered that office party debauchery is increasingly landing employees and companies in trouble.

Some three-quarters of bosses told law firm Peninsula that an employee had threatened to take their case to an employment tribunal following inappropriate behaviour at an office party.

The poll of 5,000 companies also found that 90 per cent of bosses had received a complaint about a colleague's behaviour at a Christmas gathering.

"The company Christmas party has become simply another excuse for employees to get drunk ... with fellow workers at the company's expense," lamented Peter Done, managing director at Peninsula.

A stark warning as to the legal dangers of a Christmas bash for employers has been provided by the government's industrial relations watchdog, Acas, which has issued a duty of care pamphlet, detailing the pitfalls firms could fall in to.

Businesses could face legal proceedings should workers fail to get home safely or if safety standards at the event are not up to scratch.

In addition, age discrimination laws could be broken if the entertainment and music only caters to younger staff, while discrimination on the grounds of race could be used for initiating legal proceedings against employers that issue alcoholic raffle prizes to teetotal religions.

Sarah Cleary, a regulatory lawyer at solicitor Irwin Mitchell, said that firms face a very real danger of legal proceedings and crippling fines.

"If there was no formal and proper supervision and free alcohol was available to particularly the younger staff and someone got injured or seriously ill then there could potentially be a claim against the firm for personal injury and or a breach of Health and Safety regulations," she told the Evening Standard.

It seems that besides drinking and dancing the night away, one of the most popular activities at this year's Christmas parties will be embarking on extra-marital affairs.

"An estimated 54 per cent of office partygoers will be caught in amorous situations with colleagues. Many of these festive flirtations will escalate into full-fledged workplace affairs," explains infidelity specialist Ruth Houston.

Those that do engage in such practices during the Christmas party may in future find themselves forced to sign a love contract.

The idea, which comes from the US, sets out what is acceptable behaviour among employees before the night takes place, meaning employers are not responsible for complications arising from office gatherings.

If all this has put you off going to your event this year remember that, according to law firm DWF, a quarter of people meet their partner at work - so turn up and start socialising.

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