At Farani Taylor, we enjoy a joke as much as you do. Did you hear about the lawyer that went on holiday and lost his case? Nevermind. Still, as a business keeping your jokes on the right side of the law is important. Not only can a rogue prank damage your brand’s reputation, it could result in a legal claim which is not so funny. Fortunately, as one of London’s leading employment law firms we are here to guide you on how to legally fool-proof your pranks. Dive in for a read, so you can have a laugh this April Fool’s Day without landing in hot water.
Normal Rules Apply
April Fool’s Day brings out the jokester in even the sternest of employee’s however it is important to remember workplace rules still apply. If your employee’s are planning pranks within the workspace, be mindful they know how to be respectful and comply with the duty of care that is owed to all workers. Jokes that discriminate, threaten or are hostile could be classed as harassment. Employers must ensure that employees are aware of what is considered reasonable and what is breaking work boundaries. Consider how the person being pranked may feel and ensure your pranking is not discriminatory on sensitive, protected characteristics such as gender, sexuality and race.
Safety First
It is important employee’s know before planning a prank that health and safety always come first. Making sure that the joke will not result in the harm of anyone is no laughing matter. Health and safety trump any desire to be funny even on April Fool’s Day. Employers must make this clear to staff. Employee’s must be respectful of all company policies and carefully assess if there is any danger involved in the prank that could put an employee’s health or safety at risk. It is an employer’s duty to ensure that employees have a right to a safe work environment, every day of the year.
Who’s To Blame?
Employers can be held responsible for pranks played by their employees via the law of vicarious liability. This essentially refers to a situation where someone is held responsible for another’s actions. If an employee can prove that a prank took place in the course of their employment, the buck can pass to the employer. This makes it very important for companies to inform employees of what is considered acceptable in terms of how they treat each other. As one of the best employment law firms in London, we can help you draft policies that ensure employee conduct is all above board and compliant with employment law. As getting into legal trouble is no laughing matter.
Pranks Gone Wrong
Over the last decade there have been several cases of pranks that have resulted in legal claims. Legal claims can be made against both employers and employee’s so both need to be mindful when approaching April Fool’s Day pranks. One example of overstepping the mark involves a manufacturing company. The company was held responsible for injury to an employee’s wrist via vicarious liability following a practical joke at work. Could this have been avoided? Potentially. Every prank will be assessed on its merits, still it is far better to be clear and proceed with caution on playing jokes at work, as ultimately you never know who will have the last laugh. If you need to discuss a prank that has affected you or your business contact us today for a confidential and complimentary initial call.
Safe Is Better Than Sorry
When it comes to April Fool’s Day, employers must remember that being safe is better than sorry. Having a clear policy that staff can access to give them guidelines on acceptable behaviour in the workplace could be your saving grace. This document could be shared as part of an employee’s onboarding process or available as a physical copy within the workplace. While laughing is good for us, it will not cure a legal claim if one is bought. Sometimes it is best to stay on the safe side, as our employment lawyers know this is perhaps a message to keep close to your heart on April Fool’s Day.
The Key Highlights
April Fool’s Day is a day celebrated by unexpected pranks and jokes played on each other worldwide. While it can be fun for businesses and employees to get involved, taking jokes too far can land an employer and employee in hot water. Employers can be held vicariously liable for acts of their employees in certain situations. It is important employers have clear policies on what is acceptable behaviour in the workplace. If you need help drafting internal policies to protect you and your staff, Farani Taylor can help. With the right guidelines in place you can have a laugh, without it costing you.