Can a company force staff to attend Christmas Party?

lloydy84

Hello, I was wondering if anyone can advise me on a subject.

I work for a multinational and we have bases all the way around the UK. Each year a Christmas party is held at a central location in Birmingham which is a 2.5 hour drive from where I live. The party has always been optional. Very few people ever go, probably less than 10 out of the 50 at my office.

This year we have been informed that the party is mandatory. It will includes arriving at work at 9AM usual times, getting a coach 2.5hours to a hotel in Birmingham, hanging around until 2PM for a dinner, leaving at 5.30PM and arriving back at work at 8PM.

Our usual working hours are 9AM-5PM, and this means we face issues but we have been told flat out that it will be 100% attendance and no one is allowed annual leave on that day. The workplace will be shut so there is no option to work instead (as most people would prefer). Not many people want to spend 5 hours on a coach from 9AM in the morning..

My problem is that I am court ordered to pick my children up for 6PM on this date as I am every week. There is no flexibility with this (court order took me 6 months to get and almost £4000), so I MUST be back to work for 5PM, which I will not be if I attend this party. Due to one child's disability I MUST be the one collecting him at that time.

Other than this we have single parents who will not be able to find childcare (two are single mothers from the EU with no immediate family here).

Another person has social anxiety and has really worked himself into a frenzy over this. Especially after hearing about the last christmas party which resulted in multiple sackings of staff for their antics (from other branches not ours).

So, in summary. Instead of working that day, we are to attend a party, we wont arrive back until 3 hours later than usual, and we cannot use annual leave or work instead we have been told we must attend. Ringing in sick is not an option.

Can anyone please advise as to what our options are? It is completely unreasonable to ask us to do this especially being fully aware of all our circumstances. Are we forced to attend?

Thank you.

[Edit] I have tried to search for answers but most results are the USA or sites that give advice to employers not employees

Comms69

Short answer: yes.

Long answer- you can try negotiate an early exit; but 9-5 what they say goea

Savvy_Sue

Not a lot of help, but if I was forced to spend 2.5 hours on a coach I probably would be sick, and that would be at the start of the day not the end ...

I suppose it's too much to hope that you're in a union?

marlot

Could you drive to the event and show your face, but leave just before the meal is served?

Annisele

Well, your bosses are idiots - but you know that. And it's not against employment law for a boss to be stupid.


They can't make you, in the sense that if you just don't turn up they're highly unlikely to go find you and physically drag you there. The problem is whether they'll treat failure to turn up as gross misconduct and fire you afterwards. No reasonable employer would do that, but then we're clearly not talking about a reasonable employer.


I think your best bet is to band toghether as a group and push back on this. Try and get your managers to expain why they're so set on doing this. For example, if it's to increase staff morale you could explain why it's not going to work. If the party is actually an excuse to make some big announcement, you could see if it's possible to livestream that to people who stay at your office. Etc etc.


I'd also wonder who you've "been informed by". Was it just one person massively exceeding their authority, or is it something head office genuinely wants?



Some things I wondered, but that might have no mileage (and just irritage your managers if you bring them up):



Is it explicitly branded a "Christmas" party? I don't think religious discrimination is a sensible angle here, but we don't seem to be living in sensible.


Are you going to be paid for the travelling time that day? And do any of you earn at or close to the minimum wage?

lloydy84

Thank you for the replies and comments.

In regards to being close to the minimum wage, some people are because they are new and are on a low wage to start with. It is not minimum wage but close to it. I remember reading somewhere than an employer can keep staff behind as long as their pay does not fall below minimum wage. Is this what you are getting at? If they stay behind for one hour their pay will fall below minimum wage for that day, but do my employer have to pay for the time travelled in the coach or can they just state 'You are to work at an alternative site for this one day, working hours between 9AM - 5PM an you are are not paid for travelling time'?

@annisele.

Our general manager stated it is mandatory, I believe other members of staff have enquired further and had this confirmed by head office. There is no big announcement or anything other than a staff meal/party, from their point of view it seems like theyre doing a nice thing giving us all the day off work to eat and drink for free. But they very rarely consider people's personal circumstances.

@ Marlot.

Leaving early is my only hope at the minute, so I may have to drive there but I would have to leave one hour after it starts to get back in time.

=============================

I did try speaking to management, they are fully aware already that I cannot stay behind late Friday because of my court agreement. I cannot change this on a whim and it was made not the be flexible for a reason, but they just said 'you're all going' and walked away as simple as this.

TELLIT01

You need to inform management about the court order. I would assume that if they put in writing that you must attend, despite knowledge of the court order, they could be charged with contempt of court. Just the thought of the possibility may be enough to change their minds.
Is the company also paying overtime for the additional hours?

Comms69

Annisele wrote: »

Well, your bosses are idiots - but you know that. And it's not against employment law for a boss to be stupid.


They can't make you, in the sense that if you just don't turn up they're highly unlikely to go find you and physically drag you there. The problem is whether they'll treat failure to turn up as gross misconduct and fire you afterwards. No reasonable employer would do that, but then we're clearly not talking about a reasonable employer.


I think your best bet is to band toghether as a group and push back on this. Try and get your managers to expain why they're so set on doing this. For example, if it's to increase staff morale you could explain why it's not going to work. If the party is actually an excuse to make some big announcement, you could see if it's possible to livestream that to people who stay at your office. Etc etc.


I'd also wonder who you've "been informed by". Was it just one person massively exceeding their authority, or is it something head office genuinely wants?



Some things I wondered, but that might have no mileage (and just irritage your managers if you bring them up):



Is it explicitly branded a "Christmas" party? I don't think religious discrimination is a sensible angle here, but we don't seem to be living in sensible.


Are you going to be paid for the travelling time that day? And do any of you earn at or close to the minimum wage?

This is a perfectly reasonable instruction.


You're manager tells you to be at a certain place and time for work; you don't argue that it's not sensible.


As for the religious thing; that's a massive non-starter.

Comms69

TELLIT01 wrote: »

You need to inform management about the court order. I would assume that if they put in writing that you must attend, despite knowledge of the court order, they could be charged with contempt of court. Just the thought of the possibility may be enough to change their minds.
Is the company also paying overtime for the additional hours?

I wouldn't suggest that a parent being unable to comply with a child arrangement order, due to work commitments; would in any way be contempt.

bugslet

I find it beyond weird that management force happiness on people. What on earth are they hoping for as an outcome. So far it would seem to be resentment.

Like savvy, I'd be sick in the first half hour, I can't travel on a coach.

OP, I'd make them aware of your situation and see if they can be accommodating. I suspect though that they will think if they make an allowance for one person, then others are more able to demand an allowance.

PasturesNew

If the OP is legally bound to collect a child, in person, at a specific time, as they say, is this not "English Law"?

And if the employer is insisting the employee is elsewhere ....

Then can any contract overthrow "English Law"?

So, is the employer, therefore, in a position where they are arbitrarily choosing to attempt to overthrow English Law?

English Law trumps most "unfair contracts" and terms ...

Yes, I know the bosses at the OP's company will despise the fact they've spoilt their little "suck up to the bosses jolly" ... but can an employer insist an employee specifically goes against a ruling given in an English court?

Could they wheedle in some phrase of "contempt of court if I'm not there"...?

Other straws are available...