Beware the perils of sharing colleagues’ Christmas party antics on social media

Are people allowed to record and share your more embarrassing moments without your permission? What does the law have to say?

10th December 2018

The festive season has begun. As Christmas draws nearer it’s time to let your hair down and enjoy a few drinks at your company’s annual Christmas party. However, it can be difficult to know where the red line is, with any ‘wild’ behaviour likely to be recorded and shared on social media without your permission.

Whether the party is in or out of the office it should be treated as an extension of the workplace with both employers and employees conducting themselves appropriately. Although, as we know this is not always the case and an employer or employee can find themselves the subject of a variety of claims, including sexual harassment.

Louise Newbould-Walton, Associate Solicitor at DAS Law, looks at the rules surrounding the office Christmas party...

Do the normal rules of gross misconduct apply at a Christmas Party?

Yes they do. The work Christmas party should be considered to be an extension of the workplace, so the same rules will apply. Generally speaking, an act of gross misconduct is potentially serious enough to fundamentally breach the contract between employer and employee, and justify summary dismissal.

In a normal working environment, employees would be aware that punching Tom from accounts is likely to be a gross misconduct offence. At an office party however, the professional line is too often blurred, usually fuelled by alcohol which might even have been provided by the employer.

Common examples of Christmas party gross misconduct are serious subordination, harassment, and damage to company property.  This list is not exhaustive and if there is an incident which is sufficiently closely connected to work, and will likely impact on the working situation, then it is likely that the employer will be able to start a disciplinary investigation regarding the matter.

If photos and/or videos taken without my knowledge or consent, who owns the images?

The Copyright, Designs and Patents Act 1988 provides that the author of a photograph is the person who creates it.  The person who takes the photograph/video will own the copyright unless the photo/video was created by a person in the course of their employment.  In this case the copyright will be owned by the employer.

Can I have photos removed from social media or stop them being shared?

In UK law there is generally no right to privacy where an image/video is taken in a public place. In a case involving Naomi Campbell, the court determined that the publication of photographs taken in public would only be prevented if they were obviously private, or were offensive in some other way.  This would include a person being caused humiliation or severe embarrassment.

Most social media companies have policies in place that although the creator of the photo/video is the owner, once they are uploaded you are granting a licence to that social media company to use or allow others to use that photo/video.

Due to the lack of privacy laws, the courts are generally relying upon decisions in previous cases for their findings. Publication of photographs can be prevented if they were commissioned to be taken but were then used for an unauthorised purpose.

The author of the photo/video would need to delete the photo/video from their social media account for it to be removed.  However, if the photo/video has been shared by another user it is unlikely that it can be removed.

Can I insist they are permanently deleted and how do I go about this?

If the photos/video belongs to an individual then being able to get photos/videos removed from social media is highly unlikely, especially if the photo/video has already been viewed/shared. The legal recourses available to prevent or remove photos/videos are a court injunction, a court order for return or destruction, or damages by way of financial compensation.

However, if the photos/videos belong to an employer, then with the introduction of the General Data Protection Regulation on the 25 May 2018, it is important to remember that an individual has the ”right to be forgotten” and can request that any photos/videos in the employer’s possession are permanently deleted or removed.

The DOs and DON’Ts

Generally, Christmas parties should be an opportunity for employees to let their hair down and relax in a more social setting. It should not be forgotten, however, that what happens at the Christmas party does not always stay at the Christmas party. 

DOs for Employers

  • Invite all employees to the party even if absent through sickness, maternity or paternity leave;
  • Remind employees of the company’s expectations and be clear on what will be considered inappropriate behaviour;
  • Control the amount of free alcohol and make sure food and non-alcoholic drinks are provided;
  • Be prepared to deal with any inappropriate behaviour in line with company policy and be consistent in how you apply the policy;
  • Avoid discussions about career prospects or remuneration with employees;
  • Consider nominating a member of management to refrain from alcohol at the event in order to deal with any emergencies or incidents that arise.

DON’Ts for Employees

  • Forget you are effectively still ‘at work’,  so conduct yourself accordingly;
  • Drink too much so that you do not know what you are doing;
  • Get involved in office gossip or office ‘banter’ which could be offensive;
  • Try to discuss why you should have a pay rise with your manager;
  • Make any unwelcome advances, sexual or otherwise;
  • Become violent or aggressive;
  • Forgot to enjoy the event!

Disclaimer: This information is for general guidance regarding rights and responsibilities and is not formal legal advice as no lawyer-client relationship has been created.

Your rights if it’s too cold in the workplace

As the winter weather arrives with a vengeance, chilly workplaces across the UK are potentially having serious impacts on the health and effectiveness of employees.

January 2019 Learn more
Winter commuting: I thawed the law

If you run your own business, bad weather can cause chaos when staff can’t get in. What employment law regulations are in place when handling transport troubles in winter?

January 2019 Learn more
The dos and don’ts of the office Christmas party

Hannah Parsons, solicitor at DAS Law, has the following advice to ensure that your office party does not result in writs and recriminations.

December 2018 Learn more

Read more from the DAS Law blog

Employment disputes When should a condition be classified as a disability?

DAS Law Senior Associate and Legal Executive Tessa Faverty considers this crucial question, drawing on her professional expertise, and personal experience.

June 2019
Employment disputes Can an employer ban working from home?

A recent ban on working from home at BNY Mellon raised questions about what an employee’s rights are when it comes to working from home.

June 2019
General advice , Holiday disputes Term-time holidays: fines for taking children out of school go up 93%

The summer holidays are fast approaching and the allure of cheaper holidays during term time is rising. However, schools are taking a much harder line when it comes to issuing fines to parents who take children out of school early.

June 2019
General advice 7 things you should know about driving fines

Millions of motorists across the UK are committing driving offences they did not know existed. Robert Hodson looks at the law around some of the most common offences.

May 2019
Employment disputes Scope of ‘injury to feelings’ expanded by employment tribunal

In employment law, awards for ‘injury to feelings’ have historically been permitted only in claims linked to discrimination, whistleblowing, and trade union membership, but the situation may now have changed.

May 2019
Employment disputes , Protecting your business When can company directors be personally liable?

The recent High Court case of Antzuzis & Others v DJ Houghton Catching Services & Others is a stark reminder of how company directors can be personally liable for their acts.

May 2019
Family disputes , General advice , Property disputes Everybody needs good neighbours. But what can be done if someone refuses to be neighbourly?

April 2019
General advice Don’t let the law come calling when using your mobile phone while driving

Sam Phillips, a trainee solicitor at DAS Law, gives us the low-down on the law on mobile phones and driving.

April 2019
Employment disputes 10 employment law changes to look out for

Hayley Marles highlights ten changes that HR professionals & business owners need to be aware of, including Brexit immigration rule changes.

April 2019
Employment disputes , Protecting your business 6 tips for giving your business a “spring clean”

Are your staff handbooks up-to-date? Are your staff taking all of their holiday allowance? Give your business a spring clean with these six tips for a clean and tidy SME.

April 2019
Employment disputes What to do if your employer stops you working from home

Lindsey Hunt, Legal Adviser at DAS Law, provides some insight regarding employees and their right to work from home.

March 2019
Employment disputes The Big Gig Rejig – what employers should know about the gig economy

DAS Law Solicitor John Griffiths explains what the ‘gig economy’ means and how businesses can help themselves today when it comes to clearly defining the status of their people.

March 2019
General advice Your precious pooch could land you in the pound

What if your dog isn’t as well behaved as the show dogs? Can man’s best friend get you in trouble with the law? Sarah Garner, solicitor from DAS Law, tells you what you need to know.

March 2019