Following our recent successful workshop on Party Planning for Employers, we thought we’d take the opportunity to remind you of the legal pitfalls of the office Christmas party and how employers and their employees can avoid repercussions.
As Christmas approaches, despite the current state of the economy, or maybe because of it, many companies have decided to arrange a party for staff. Whilst some companies see this as an opportunity to thank staff for their efforts over the last year, once the levels of alcohol increase, inhibitions and standards of conduct may decrease and employers may wish they had found another way to say thanks.
Whilst office ‘punch-ups’ and threatening behaviour at office parties are the main offences committed that may require post-party disciplinary action; indiscretions which the participants find embarrassing and hard to live down after the party can and do give rise to potential claims for discrimination because of their post-party treatment by colleagues. Other complaints relate to harassment, bullying and other types of discrimination on grounds of sex, race, sexuality, religion, disability or age.
Employers are liable for acts of employees that are performed in the ‘course of employment’. Given that conduct at an office Christmas party will be classed as occurring in the ‘course of employment’ even if they take place after office hours, employers need to take steps to minimise the risks of any potential claims, to reduce the risks of alcohol induced indiscretions and to make the necessary preparations to ensure that everyone has an enjoyable and problem-free party.
- Get the venue right: The premises of the party have to be suitable for everyone, comply with health and safety regulations and have suitable access for disabled staff as well as being appropriate for employees under the age of 18. Whilst the majority of venues offering Christmas parties will meet these criteria, it is always sensible to arrange a visit to the venue whereby you can carry out a quick risk assessment.
- Don’t discriminate: Invite all employees but don’t pressurise people to attend. Not everyone celebrates Christmas. Do not forget to invite those who are employed but currently away from the office, for instance those on maternity leave.
- Timing is key: It is vital that employers ensure the party is timed so that all employees, regardless of age, gender, religion, disability or any other factor, have the opportunity to attend. Should it take place in work time so that those with childcare commitment are not excluded? Is a Friday night always the best day of the week? Does the date clash with another religious celebration? Should any section of the workforce be seen to be favoured or discriminated against in this way, employers could find themselves under question under the Equality Act. Are you going to invite partners? If so ensure that you extend this equally to staff with same sex partners to avoid sexual orientation claims and discrimination claims. Even if an employee does bring someone of the same sex, don’t make assumptions that they are indeed a couple.
- Cater for everyone: Ensure that there is a wide range of non-alcoholic drinks available in addition to alcoholic drinks. You may also wish to consider limiting or capping the level of free or discounted drinks.
- Provide fair food choices: Cater for everyone by ensuring that foods are available other than meat dishes and consider those who don’t eat certain meats.
- Entertainment liability: What entertainment are you going to provide? It is also worth noting that employers are not only liable for the actions and conduct of employees but also for third parties, namely entertainers or after dinner speakers.
- Think transport: Think about how your employees are going to get to and from the party. Employers may also be liable for an accident following the Christmas party caused by drink driving. The provision of transport after the party is a good idea to prevent this from happening or even to facilitate the identification of nominated drivers for the event.
- Be vigilant on alcohol levels: It is likely that the party will involve the consumption of alcohol, which can of course, when consumed in excess, have an undesirable effect on people’s actions and behaviour. In order to prevent people behaving in an unacceptable manner, employers need to take a sensible approach to the provision of alcohol and be alert to take quick action to nip any unruly behaviour in the bud. Employees need to be reminded prior to the event that although out of the office, they are still representing the company, and as such any behaviour that could be damaging to the company’s reputation will be dealt with accordingly.
- Set your stall out: Prior to the event, employers might consider communicating a set of policies and procedures in relation to harassment, discrimination and bullying. Give examples of what is and what is not acceptable, making it clear that such behaviour may lead to disciplinary action. You may also wish to forewarn employees that disciplinary action will also be taken in the event of non-attendance at work the following day or if they attend work late or still under the influence, as a result of over indulgence. There may also be genuine reasons for absence, relating to illness or disability and therefore a fair and thorough investigation will need to be undertaken prior to any disciplinary action being taken. You will need to apply the company’s sickness and absence policy firmly.
Underlying all the above are your policies and procedures. It would be a good idea to check and update your current policies and procedures, prior to dispatching them to your employees or referring them to particular relevant sections within a Company Handbook. By having clear and unambiguous policies in place, this will assist in defending any possible claims that you may receive as well as dealing with any post-party problems.
If you require any further advice on the Christmas party from an employment law perspective, or indeed any employment law matter, please do get in touch.
If you would like to sign up to receive our monthly email updates please complete our online sign up form.
