Halloween is going to be very different from what we are used to this year in light of Covid-19. There will be fewer parties, fewer ‘trick or treaters’ and possibly fewer people in the workplace. However, employers with workforces back at work may seek to introduce some fun into the workplace by doing some Halloween themed activities.

Whilst Halloween can be a lot of fun, the activities are capable of presenting a legal headache for some employers.

Here are our top five tips for employers to bear in mind at this time of year:

Fancy Dress 

Whilst fancy dress is fun, some costumes can cause offence. Problematic costumes could include those which poke fun at religion or disabilities such as mental health. If allowing fancy dress in the workplace, you may wish to reiterate your business’s dress code to ensure that the policy is adhered to and no offence will be caused.

Religious Discrimination

Halloween is said to originate from Paganism, which could be deemed to amount to a religious belief in accordance with the Equality Act 2010. Having clear equal opportunity and anti-bullying and harassment policies in place can help protect businesses from any possible religious discrimination claims.

Social Media Risks

Even if a business decides not to participate in any form of Halloween celebrations, the actions of employees outside of work could result in grievances or disciplinary action. We would therefore recommend that businesses have a clear social media policy in place, which will not only make it clear what behaviour is deemed to be unacceptable, but will also enable a business to take disciplinary action should lines be crossed outside of the workplace.

Workplace Pranks

The tradition of ‘trick or treating’ can cause issues in itself. What is viewed as ‘good fun’ by one employee may be seen as bullying or harassment by another. Any complaints of bullying should be taken seriously and investigated fully by an employer. Again, robust policies need to be in place.

Hangover Absences

Some employees may not be able to face work after a heavy night of festivities (assuming the pubs stay open!!). If clear evidence is held that an absence is as a result of a hangover and not a genuine illness, it is possible to take disciplinary action. It is important that businesses have clear and precise policies in place relating to absence and how absence must be reported in the workplace, whether they are included within a staff handbook or not.

If you or your business need new policies or are needing a health check on current policies to ensure that they are up to date, then please get in touch with Sarah Collier, Partner & Head of Employment on 01204 527777 or scollier@kbl.co.uk to arrange a no obligation discussion to see how we can help.