5 scary legal issues for employers this Halloween

Halloween is celebrated all over the world in many schools, private clubs and a lot of workplaces. Each employer will have a different view on what Halloween in the workplace should look like, however, in recent years we have seen an increase in Pumpkin carving contests, adult costume contests and a range of other Halloween-themed activities.

Despite this being an enjoyable holiday for most, we find that following Halloween there is a rise in 5 legal issues which employers seek legal advice for. Here are 5 things you as an employer should be wary about this Halloween:

1. Discrimination by fancy dress – Many employers will allow their employees to dress in fancy dress at some point over Halloween. Although this is something that employers need to be careful with as this may lead to discrimination. For example, people may dress in costumes directed at different stereotypes relating to nationality, religion and mental health. In 2013, Asda and Tesco both had to pull costumes from the shelves that portrayed ‘mental patients.’
2. Religion and belief discrimination – Wicca is a modern pagan religion. A “Wiccan” who claimed that she was mocked and later dismissed after switching her shifts to celebrate All Hallows’ Eve won a religion or belief discrimination claim in the Employment Tribunal.
3. Misconduct during Halloween – Some employees may inappropriately use Halloween. For example, inappropriately using Halloween-related images. In the case of Biggin Hill Airport Ltd v Derwich, an employee was dismissed for putting an image of a witch on the computer of a colleague who had unfriended her on Facebook. During the Halloween period, the inappropriate use of social media could result in disciplinary action. For example, a Welsh international rugby player had to apologise in 2014 after posting an image of himself ‘blacked up’ as Wilfried Bony at a fancy dress party. When offensive content is shared on social media this can impact the workplace. They could result in potential inter-colleague harassment outside of work or reputations being damaged which will still require action from you as an employer.
4. Absence Management – Employees must understand that absence due to a hangover is not acceptable. During the Halloween party, more parties are held which may lead to increased absence for unacceptable reasons.
5. Health and Safety – Ensuring employees are safe in the workplace is a main priority. Dressing in fancy dress may not be safe for people operating machinery and decoration may cause hazards in workshops and walkways. Fancy dress costumes can be highly flammable.

Our Employment Law Team are experts in dealing with all aspects of employment law. To speak with one of our employment team, please call them on 01302 341414 or 0114 272 1884 or fill out our online enquiry form.

We have further articles on our website relating to employment law, here are three that you may find informative:

• How many sick days do I have before disciplinary action? 
• What does discrimination mean and how do I deal with it? 
• What are disciplinary and grievance procedures?