How to Avoid a Christmas Party Legal Hangover

“What happens at a Christmas Party, Stays at a Christmas Party”

The idea that “what happens at a Christmas party, stays at a Christmas party” couldn’t be further from the truth, and certain behaviours can lead to legal and financial consequences.

Here are some statistics highlighting sins that can arise at work Christmas parties:

• 1 in 3 employees end up in conflicts with colleagues,
• 1 in 4 report incidents of sexual harassment,
• 1 in 8 leads to accidents involving staff,
• 64% experience a brief romance, which often creates awkwardness at work afterward.

It’s important to remember that whilst Christmas parties are often held outside of working hours, these social gatherings are considered to be work related, therefore are legally regarded as an extension of work.

As an employer, to prevent potential issues, its essential to set clear behavioural boundaries which have been communicated to all staff in advance.

 

How to stay off Santa’s Naughty List

The legal responsibility may make Christmas parties feel daunting, but the good news is that with simple precautions, you can ensure your celebration is both enjoyable for everyone and balances entertainment with professionalism.

Alpha HR have complied 8 examples of common Christmas Party Sins and how, as an employer, you can solve them to stay off Santa’s Naughty List!

1. Alcohol:

Sin:

Excessive drinking can lead to sexual, racial, sexual orientation, religious harassment and violence, resulting in:

• • Grievances,
  • Resignations, and
  • Dismissals leading to Employment Tribunal claims against employers.

Solution:

Employers should limit the amount of alcohol on offer to avoid drink related troubles and an open bar should be monitored. Ideally, appoint a responsible manager or HR to keep an eye on things to ensure everyone is having a good time without causing mischief in consequence of too much booze!

2. Drink Driving:

Sin:

Legally, there is an implied duty of care towards employees in the course of their employment, and the Christmas party comes under this definition. Employers could be held liable for the consequences of an employee’s drink driving where they have not taken reasonable steps to prevent this.

Solution:

Whilst it is not the primary responsibility of an employer to make sure that staff get home safely after the Christmas party, an employer may be liable if an employee is involved in an accident due to driving while drunk.

Ensure that staff are aware of public transport, taxi links or even arrange transportation which is one way of mitigating this potential issues. If you do have an open bar or lots of drink vouchers, appointing a responsible manager or HR to keep an eye on things is recommended including anyone who may be driving home.

3. Food and Drink

Sin:

Be aware that not all staff may celebrate Christmas. Some religions and faiths do not allow the consumption of alcohol or certain foods, so consider what alternatives are required to make your party welcoming for all. There is a risk of discrimination claims against employers if food and drink is not provided to take account of employee’s religions.

Solution:

Employers should ensure that the necessary steps are taken when looking at menu choices and consider dietary requirements are catered for, also provide non-alcoholic drinks.

4. Venue

Sin:

Employers could face discrimination claims if an event is not accessible by individuals with a disability or offends those of another religion or sex. Remember that not all religions celebrate Christmas so do not put any pressure on employees who choose not to attend. An unofficial party could continue after the official party ends so make it clear what time the party starts and what time it ends.

Solution:

Book an appropriate venue with appropriate facilities for staff and guests and do not exert any pressure upon those who choose not to attend. Establish clearly defined start and finish times of the event. This helps to reduce the risk of being found liable for conduct that occurs after the function.

5. Inappropriate Behaviour

Sin:

Christmas parties can be a catalyst for Employment Tribunal claims. With the drinks flowing, the boundaries between people’s professional and personal lives often become blurred, which can give rise to confrontation, potentially discriminatory remarks, risqué jokes and inappropriate sexual advances. Staff receiving unwanted attention or lewd comments from work colleagues (both male and female) is not uncommon at Christmas parties.

Solution:

Inappropriate behaviour should be dealt with immediately. In the first instance, employers should approach the issue from a preventative viewpoint by sending a gentle reminder in advance about expected behaviours and treat any compliant or grievance received seriously in order to avoid claims from discrimination or harassment. Investigations should be conducted professionally and thoroughly with disciplinary actions where appropriate. Treat instances on a case-by-case basis.

6. Fighting

Sin:

Latent feelings from the workplace, coupled with alcohol intake can trigger physical confrontations causing injury and sickness absence. In 2018, a Sales Manager received over £1 Million in compensation following a punch from his boss at a Christmas party.

Solution:

Employers are responsible for the protection and safety of staff and these rules still apply at the office party, which as we know, is legally an extension of work. You would be expected to take disciplinary action where necessary as an assault or fight at a Christmas party is no different to an assault or fight at work during working hours.

7. Entertainment

Sin:

Employers may provide entertainment and not fulfil its duty to protect employees from unwanted conduct, for example:

• • an entertainer who tells racist or sexist jokes.

Solutions:

Entertainers should be carefully selected and briefed beforehand.

8. Dealing with Grievances

Sin:

An employee may raise a grievance after a Christmas party.

Solution:

Employers need to ensure investigations are carried out according to the usual grievance procedure and should not be ignored. Employers should maintain consistency and deal with complaints promptly, professionally and confidentiality in accordance with internal procedures.