Christmas Party - A Guide for Employers

With the festive period nearly upon us it is important that employers are aware of their duties, responsibilities and some of the potential pitfalls associated with the festive celebrations.

We have all heard the horror stories of alcohol induced indiscretions under the mistletoe or embarrassing moment involving the photocopier. While often mildly amusing at first glance, such incidents can carry serious repercussions for all involved. Whilst we all want to relax and enjoy the festivities it is important that the relevant steps are taken to ensure the celebrations are remembered for the right reasons not the wrong ones.

One of the key things to remember is that the same rules apply at a Christmas Party as do in the workplace and the company may still be liable for potential claims even if the party took place outside of working hours or at an external venue. To protect the interests of the business it would be beneficial to re-iterate some of the key policies around conduct and behaviour in the work place prior to the event. It would also be of benefit to clearly communicate the company policy regarding alcohol and substance misuse, in particular the consequences of attending work under the influence of alcohol.

During the festivities employers still have a duty of care to safeguard the health, safety and wellbeing of employees. Whilst no one wants to be seen as trying to prevent people from enjoying themselves it is important that employers are not deemed to be encouraging or condoning inappropriate conduct. If for example, the excessive consumption of alcohol is encouraged, or indeed not dissuaded, it can make it very difficult to then take disciplinary action for events that occur as a direct or indirect result of the effects of being under the influence. If providing free drinks this should be done in moderation and there should be an equally readily accessible provision of soft drinks. The duty of care does not end when the music stops. If you are aware of an employee who may have consumed excessive amounts of alcohol you have a duty of care to ensure that they do not drive home. It may be beneficial to consider such things in advance and have numbers for local Taxi firms at hand.

The Top 10 Office Christmas Party Regrets

• Insulting the MD or direct line manager.
• Obnoxious drunken behaviour
• Telling colleagues a few home truths.
• Colleagues remembering those home truths the next day.
• Being sick in public.
• Learning intimate details of a colleague’s sex life.
• Experiencing intimate details of a colleague’s sex  life.
• Fighting with other members of staff.
• Being caught on camera.
• Causing damage to the venue.

Christmas Party Potential Pitfalls

Harassment / Victimisation:

Claims of harassment or victimisation are common during the festive period. In particular, claims of sexual harassment. This can take the form of both physical and verbal harassment. Kissing under the mistletoe or making suggestive comments about a colleague’s attire may seem like ‘banter’ at the time, but could lead to serious issues at a later date. To safeguard against this it is important to remind employees of the companies’ stance on such matters and advise them that anyone found to be harassing others may find themselves subject to disciplinary action.

Discrimination:

Whilst sexual harassment is the most commonly considered issue during these periods it is important to consider other, more recent legislative changes. It is important that the needs of all are considered when planning such events. Simple solutions such as the provision of vegetarian, vegan, and halal foods along with providing soft drinks can assist in avoiding potential claims of discrimination. If opening up invitations to include partners, it is important to ensure that you extend the invitation to all partners including same sex partners in order to avoid potential claims of sexual orientation discrimination.

Also, ensure that those who are not in the office at the time of the event being organised are not forgotten. If employees are on maternity leave then they should also be included to safeguard against potential claims for sex discrimination.

Inappropriate comments:

It is often very easy to get caught up in the moment and engage in discussions regarding other colleagues which can in some circumstances result in grievances being raised. Avoid being drawn into making derogatory or potentially offensive remarks about others and if this is discovered it should be dealt  with and nipped in the bud early to prevent situations escalating. However, it is not just derogatory remarks that can lead to problems. Promising people pay rises or additional holidays for their efforts can often come back to haunt you as it could be argued that you have engaged in contract variation discussions so be careful what you say and don’t get carried away in the moment.

Damage to Company property:

We have all heard the stories of the office photocopier, or indeed other stationary /appliances being used for unintended purposes. This can often result in expensive damage to company property. Be sure to advise staff of the policies relating to the unauthorised usage or damage to company property.

Violent Conduct:

Once the party is in full swing and spirits are high it is sadly common place for tempers to fray which can often result in confrontations of a physical nature. Scuffles over spilt drinks or arguments over music choices can easily escalate. Violent conduct can not be tolerated and any physical assault is not only an employment law matter but could also result in civil action been taken. It would be advisable to try and diffuse situations before they escalate out of control. Make sure that employees are forewarned that any instances of physical altercations will be investigated and appropriate action may be taken up to and including dismissal.