01636 703333 0115 981 5800
With the festive season almost upon us, and the prospect of much frivolity and merriment, we are heading towards that time of year which can sometimes result in an embarrassing apology in the New Year or, worse still, a legal case.
Without sounding too bah-humbug, the phrase famously decried by Dickens’ Ebenezer Scrooge, it is worth remembering some of the more common problems that lawyers are often asked to help with at this time of year and into the New Year, and to prevent legal situations arising.
For many, Christmas and the festive season are synonymous with alcohol, whether it is a glass of mulled wine, cocktail or seasonal eggnog. It is very easy to overindulge, but don’t be tempted to drive, work, or email under the influence of alcohol. Whilst there may be pressure to consume, always try to remain sensible, and if provoked into a confrontational situation, it is best to simply walk away.
No one wants to face a driving disqualification (which is immediate on an offence of drink-driving), or an uncomfortable situation/disciplinary action on their return to work in the New Year.
Whether inside or outside the workplace, Christmas parties are still classed as worktime activities. Whilst office parties can be a great way to team build and boost morale, they can also pose legal risks of potential employment claims.
Behaviour before, during and after the party may not seem quite so amusing in the cold light of a court room or employment tribunal.
Employers are advised to take a moment to consider the potential employment law issues that may arise at such events, and how some simple practical steps may help to reduce risk. Adequate rules, guidance and policies should be in place which act as a means of communicating to employees what is and is not acceptable behaviour.
In these times where it seems our lives are often lived out through the platform of social media, always be careful what you say and do online. Funny pictures, abusive messages, and rude gestures can be damaging and infringe the rights of employees and your employer. They are difficult to erase once they are posted and, again, can lead to serious employment issues.
Everyone wants Christmas to feel special and to do that, they often feel forced to spend more than they need or can afford. Pressure to please loved ones and to give children the perfect Christmas often tops the list of reasons people overspend during the festive season. However, Christmas shopping should not come at the expense of your mental health or financial security. Make a budget and stick to it, talk to your family and friends, be transparent and manage expectations. In these times where the cost-of-living crisis has added extra pressures for people whose budgets are already squeezed, curb any excess holiday spend if you want to avoid a debt hangover in the New Year. If necessary, seek professional advice, and if you are a supplier or business who is owed money from the Christmas period and are struggling to get paid, make early contact with your customer to try to agree a plan – act quickly as the more time that passes, the harder it will be to recover the money that you are owed.
Unsurprisingly, with alcohol fuelled events, additional financial stress and spending more time than usual with family and significant others, tensions often rise and we often see a major increase in cases of domestic abuse. Whilst the police and many other agencies and charities do a fantastic job in supporting victims of domestic abuse the family courts can also play a key part in providing protection. Legal aid is available for those seeking a non-molestation order if on a low income and with limited capital. Call 999 and seek urgent police help if in immediate danger and try calling the free 24 hour national Domestic Violence Helpline 0808 2000 247.
For those who are separated and co parenting, there are various approaches that can be taken to reach a solution that works for everyone and protects the long term interests and welfare of your children.
Larken & Co wish everyone a Merry Christmas and a Happy and Prosperous New Year.
Larken & Co Solicitors is Authorised and Regulated by the Solicitors Regulation Authority - SRA Number: 53640