Can a company force staff to attend Christmas Party?

silvercar

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 ......

Can this really be the case? What would happen if you were ill / in hospital?

Surely the court gives you the right to collect your children at this time, rather than the obligation. It may even give you the responsibility to collect, in which case you could arrange a substitute.

Even if not for this particular issue, logic says at some point in time you will need a backup plan.

Comms69

PasturesNew wrote: »

If the OP is legally bound to collect a child, in person, at a specific time, as they say, is this not "English Law"? - I would suggest that the order doesn't say that; as they don't tend to. But ok, let's go along with that in theory. What if they're detained elsewhere?

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

Then can any contract overthrow "English Law"? You're mixing this up. No a contract cannot trump the law. But an employer can sack someone was not obeying a reasonable instruction.

So, is the employer, therefore, in a position where they are arbitrarily choosing to attempt to overthrow English Law? - No. The employer is not bound by this order.

English Law trumps most "unfair contracts" and terms ... - 'ALL'

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? - Yes.

Could they wheedle in some phrase of "contempt of court if I'm not there"...? - if they want to lose their job, sure.

Other straws are available...

The order may require the child to be cared for by the OP, but that care can be provided by a friend, relative or childminder.


So this is all moot anyway. OP needs to negotiate. Not throw silly comments around.

Comms69

silvercar wrote: »

Can this really be the case? What would happen if you were ill / in hospital?

Surely the court gives you the right to collect your children at this time, rather than the obligation. It may even give you the responsibility to collect, in which case you could arrange a substitute.

Even if not for this particular issue, logic says at some point in time you will need a backup plan.

It is an obligation, but not one that the OP must personally do as you say. It's just someone wanting to get out of a works do and making it difficult.

PasturesNew

Comms69 wrote: »

The order may require the child to be cared for by the OP, but that care can be provided by a friend, relative or childminder.


So this is all moot anyway. OP needs to negotiate. Not throw silly comments around.

Ah, so I was clutching a soggy straw
Thanks for clearing that up.

duchy

I'd suggest NOT banding together as arguably other parents have a weaker case than yours. Not wanting to sound unsympathetic but with enough notice most parents can organize care for one afternoon after school or extend childcare as a one off. (I was a single parent myself). You have a much better chance of being allowed to take annual leave as an individual than as part of a group some of whom will have "weaker" reasons.

Your situation is more complicated. Is HR at head office (not your local GM) aware of your court order ? In your situation I'd speak first to ACAS and then formally write to head office formally requesting an absence on this day using the phrases ACAS will give you like "reasonable accomadation" and enclosing a copy of the court order (regardless of whether they are supposed to already have a copy or not). The key here is a formal, written request which creates a paper trail and proof you have acted reasonably and asked them to do the same.

You are far more likely to get a quiet exemption than if you dent egos with a group challenge.

Comms69

duchy wrote: »

I'd suggest NOT banding together as arguably other parents have a weaker case than yours. Not wanting to sound unsympathetic but with enough notice most parents can organize care for one afternoon after school or extend childcare as a one off. (I was a single parent myself). You have a much better chance of being allowed to take annual leave as an individual than as part of a group some of whom will have "weaker" reasons.

Your situation is more complicated. Is HR at head office (not your local GM) aware of your court order ? In your situation I'd speak first to ACAS and then formally write to head office formally requesting an absence on this day using the phrases ACAS will give you like "reasonable accomadation" and enclosing a copy of the court order (regardless of whether they are supposed to already have a copy or not). The key here is a formal, written request which creates a paper trail and proof you have acted reasonably and asked them to do the same.

Why are people consistently giving the OP false hope.


The situation isn't complicated. This is no different to ANY OTHER PARENT.

POPPYOSCAR

lloydy84 wrote: »

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

You are 'court ordered' to pick up your children?

Never heard it expressed like that before!!

nicechap

lloydy84 wrote: »

.....

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.

....

So what would happen if you were ill? or your transport broke down? or arrested?

You must have a plan B, like someone else picking them up, or arranging a different night that week to pick up.

Given the amount of notice your employer has given you, I think its your problem to sort out, not your employers.

If I was your colleague and also not wanting to go to a compulsory Xmas party, i'd be pretty miffed at you if you ducked out for childcare issues when you had plenty of chance to sort them out.

robatwork

I don't believe your story.

Merry Christmas.

Me2you

Does your contract have stated hours of work?

I would argue if it’s 9-5pm you are only obliged to work those hours.

You could try and negotiate with your employer and say you will go there but you need to be back for 5pm.

It would be better to just try and negotiate the child care so you pick them up a different day or be late.

Or get a sick note for the day, less risky