The Definition of “Fun”

At this time of year employment solicitors and HR consultants will often write warnings to business owners about the “dos” and “don’ts” for the Christmas period.

Typical “dos” are:

• Do have a designed sober person at the Christmas party, someone with sufficient authority to take charge if necessary
• Do remind staff that a Christmas party is a work related event, so they must not fight or behave inappropriately, which would include sexually harassing anyone

Typical “don’ts”:

• Don’t pay for unlimited alcoholic drink
• Don’t talk about pay or promotions
• Don’t put photos on social media without consent
• Don’t put up mistletoe

A case from France results in another “don’t” being added to the list – don’t force people to enjoy themselves.

The anonymous “Mr T” bought a case after he was sacked because his employer thought he was not “fun” enough. The company tried to promote “fun and pro” values by arranging mandatory social events in evening and weekends, which Mr T refused to attend. As a result, the company dismissed him for “professional inadequacy” with the dismissal letter citing a lack of development of team spirit, solidarity and loyalty, a tone that was too cold and brittle in training and the fact that Mr T was at first critical when providing employee “360 feedback” before being constructive.

Mr T said when it came to the “fun” activities, he said he had a right to be boring. He did not want to take part in activities which the court later found were “humiliating and intrusive practices”. The practices included excessive drinking, simulated sexual acts, the obligation to share a bed with a colleague when staying overnight at work events, putting up distorted photos of colleagues in the office and using offensive nicknames.

France’s equivalent of the English Supreme Court agreed that he had been unfairly dismissed. Whilst it’s an extreme case, any dismissal must be reasonable.

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