Work Christmas parties and the law

Work Christmas parties are a staple on the corporate calendar, but it is always important to remember that even though it is a Christmas party, it is also a work event. As an employer, you have a responsibility to your workers and a duty to ensure the rules are followed. Not only will this protect your workers from damaging their own reputation, but it can save you the misfortune of having your business' reputation damaged, or having to discipline a member of staff once everyone returns to work.

 

Here, Sara Patel, Employment Law specialist at Banner Jones Solicitors, explains what employers need to do to make the party go with a swing.

 

Getting it legally right from the beginning

Keeping the party on the right track from the beginning is always the best option, and it means when the night comes around, you too get a chance to enjoy the festivities. From the outset, you and your staff need to be aware that the party is considered to be an extension of the workplace and therefore still considered ‘work’ in the eyes of the law, even if it is being held away from the usual work premises.

For you as an employer, this means you are still liable for the behaviour and conduct of your workers at the party, and you will need to handle any complaints or issues that arise from events at the party in line with company procedures.

 

Hosting in the office

If you decide to host the party within the office, you remain liable for the behaviour and conduct of your workers, as mentioned above.

Below are some things you may want to consider before you host the event at your business premises:

• Have you carried out a risk assessment for the event? This could offer your business protection against a negligence claim. In addition, given the new legal duty for employers to “take reasonable steps” to protect their workforce from sexual harassment, it is important sexual harassment is specifically dealt with in any risk assessment, as failure to do so could mean you are unlikely to meet your new preventative duties.
• Is your insurance up to date for both the building and your workers?  Parties can result in damage to property or personal injury cases, which an employer can be liable for. Damage to property can also result in an extra maintenance bill for the business.
• If you are providing alcohol, particularly a free bar, have you put measures in place to prevent it from being abused, such as drink tokens or professional bartenders who can help to monitor worker’s consumption? Are there non-alcoholic drinks being provided as an alternative to ensure that everyone is catered for and not discriminated against?

 

How can you make the work Christmas party a success?

Being prepared and ensuring there are measures in place to protect the business and your staff is crucial. Steps you can take include the following:

• Be inclusive. There is a possibility that not all of your staff celebrate Christmas. Usually, the event is more of a general celebration that just happens at the same time of year, and even though it is highly unlikely a Christmas party would lead to an employment discrimination case, it is an important point to consider whether there is any discriminatory impact, particularly when mandating attendance.
• If you want to provide alcohol, have a plan in place for food and non-alcoholic drinks to tackle some of the unwanted side effects of drinking.
• Have a plan for after the party. Are there safe options for workers to get home? An easy way to tackle this is to end the event before public transport closes for the night or to encourage members of staff to carpool or lift share.
• Before the party, ensure all workers are aware of the company’s policy on expected behaviours and conduct at work events. This can be a quick email which makes sure everyone is aware that company policies are applicable off-site too – after all, it is still a work event.
• Employers should ensure there is a specific sexual harassment policy in writing which clearly communicates the business’ zero-tolerance stance on harassment of any form, but particularly sexual harassment given the recent changes and the preventative duty now in place on employers. Alongside this, managers should also be given adequate training about potential risks and what 'reasonable steps' could be taken to prevent sexual harassment occurring.
• Ensure your drugs and alcohol policy is up to date and in place, as this will set out the business’ rules and expectations as well as the disciplinary process if these rules are breached.

 

Overall, planning and ensuring your workers are all on the same page and act responsibly, should result in a successful event, which is always good to have in the busy Christmas season and the run up to the New Year.

 

If you need some expert guidance or training on Employment Law or HR issues, please contact Sara directly at SaraPatel@bannerjones.co.uk or take a look at how we can help in more detail.