A legally correct Christmas
Above: Janet Goode
We all look forward eagerly to the invitation to gather for festive refreshments in the reception area on the last day of work before Christmas. Obviously, we will be pointing out to those attending that, since 1 July, it has been illegal to smoke in enclosed areas by virtue of the Smoke Free (Premises & Enforcement) Regulations.
If we do catch anyone smoking in a substantially enclosed area, such as our reception, not only will the smoker face a fixed penalty of £50, but the partners of the firm may also face a fine for failing to prevent smoking in the smoke-free area.
We are getting some more ‘no smoking’ signs printed especially for the Christmas period.
Festive fayre is also very popular in our office. We shall be serving our mince pies gently warmed, but well within the regulations set out in the Food Safety Act 1990.
The party
Every year there is much excitement about the Christmas party, a time to relax and enjoy the company of our colleagues. Needless to say, we shall be alerting attendees to the fact that cameras may not be welcome at this event, particularly if there is likely to be a breach of the Data Protection Act 1998 or the Human Rights Act 1998.
Both of these confer certain privacy rights on individuals which allow them to protect their personal data and, equally, we would not want anyone writing up their personal internet blogs or stocking their online albums with excerpts from the Christmas parties.
On second thoughts, maybe we shall postpone the Christmas party this year.
It is always a thrilling moment when the 10ft-high Christmas tree arrives. This year we have recruited several tall employees to avoid the need for using ladders to reach the top of the tree. We encourage the decorating of the offices at this time of year, but all employees will, of course, receive appropriate training in the assembly and maintenance of Christmas decorations.
All decorations will be checked for compliance with fire safety regulations, although unfortunately we shall have to limit the use of holly this year, primarily because of the increase in the average height of employees. We wouldn’t want to breach the Health & Safety at Work Act 1974 with sharp points hanging from the ceiling.
New trends
In keeping with the new trend for illuminated buildings, we have decided this year to try bedecking our office with bright neon lights, perhaps encouraging passing traffic to donate a sum to charity in recognition of our efforts.
Of course, Mrs Henderson from Middlesbrough then springs to mind - in December 2004 the unfortunate Mrs H was reprimanded by her local council for directing visitors to her home, which she had similarly decorated in aid of two local hospices. Maybe we shall just have a small festive lantern instead.
To the delight of us all, once again we plan to pipe Christmas carols and No1 hits through the office tannoy during December.
Of course, we shall be alert to the guidelines of the UK Noise Association - can Cliff Richard constitute intolerable working conditions? Is it possible to get repetitive strain injury from dancing in the office?
On second thoughts, a more peaceful atmosphere would be best this year.
So don’t let it be said that lawyers are anything other than completely devoted to the festive season and are looking forward, unreservedly, to enjoying the true spirit of Christmas.
We wish all the readers of our regular column a very happy Christmas and a prosperous New Year (if it is still politically correct to wish that!).
Profile
Janet Goode specialises in company and banking law, advising on company and business acquisitions and disposals, company reorganisations, shareholder arrangements and corporate refinancing. She has a particular interest in pensions law and was a trustee of a national client’s pension schemes.
Janet joined Whitehead Monckton in 1992 becoming a partner in 1996. In 1997, she qualified as a Notary Public, advising and assisting our clients with cross-border documentation, and is chair of the Maidstone Young Enterprise Board.