Civil servants could be in line to claim for discrimination if they are not invited to Christmas parties by their colleagues.
Members of the Public and Commercial Services Union were told they could take the matter to an employment tribunal if they suspect they are not invited because of their age, gender, religion or ethnicity.
The largest civil service union also said that sexual harassment and inappropriate behaviour are ‘just as unacceptable at social events as they are in the workplace’.
This included ‘unwelcome comments, gestures, or physical actions’ and the union added that alcohol was ‘not a defence for such conduct’.
Other protected characteristics that could constitute discrimination include disability, gender reassignment, marriage and civil partnership and pregnancy and maternity.
In the past, workers who have been left out of Christmas party invitation have been awarded tens of thousands of pounds in compensation at employment tribunals.
One woman, who was pregnant, was awarded £20,000 earlier this year after she was deliberately left out after telling her bosses she was expecting.
Another woman, a new mother, got a £9,000 pay out in 2021 after she was not invited to last-minute Christmas drinks because she was on maternity leave.
But a HR adviser who sued for age discrimination because her colleagues wanted to go clubbing rather than to a restaurant, lost her claim because the judge said that being disagreed with was not discrimination or harassment.
Other common complaints involved in tribunal claims are often provided by the company and include sexual harassment and inappropriate behaviour caused by excess alcohol.
Jim Moore, an employee relations expert at Hamilton Nash, the HR consultants, told The Times: ‘Employers organising a work Christmas party should beware two of the most chilling words in the English language: vicarious liability.
‘A party that takes place out of office hours is still a work event, and leaders and managers can quickly find themselves in hot water for an employee’s bad behaviour.
‘When wading through hundreds of employment tribunal cases relating to Christmas parties, it was alarming how many employers were ignorant of their duty to look after their staff.’
In 2024 so far, Hamilton Nash found that ten employment tribunal cases had cited Christmas parties, down from a high of 22 cases in 2021.
But after the introduction of new laws that will make employers liable if their employees are harassed by third parties in the course of employment, this number is expected to rise.
Employers are already legally obligated to take reasonable steps to protect employees from sexual harassment under The Worker Protection Act.
Under government plans, employers will be liable unless they can demonstrate that they took ‘all’ reasonable steps to prevent the harassment.
Moore added: ‘Too many employers are not taking their responsibility seriously, and we’re fearful that the new year will bring a new rush of tribunal cases in this area.’