Work Christmas parties: Celebrating the festive season safely

It is anticipated that, after several years of Christmas celebrations restricted by COVID-19, many offices will be arranging large parties this year. HR consultant Helen Russell and trainee solicitor Hannah Pinder from our employment law team, highlight how to manage and avoid employee issues regarding workplace celebrations during the festive season.

The traditional festive season provides excellent opportunities for team bonding and morale building activities, but it is also a time when employees may risk appearing on a ‘naughty’ list.

While not wanting to spoil the fun, employers should be alert to employment law issues surrounding such celebrations.

Legal issues regarding workplace Christmas parties

Employers should remember that workplace Christmas parties are considered an extension of the workplace, meaning employees can, and should, be held to the same standards that they are held to during their normal working hours.

This is because employers can be held to be vicariously liable for the actions of their employees during workplace events if the actions are held to have been committed in the course of employment.

As such, any unacceptable or inappropriate behaviour which takes place at workplace celebrations could be the responsibility of the employer, and this includes physical violence, sexual harassment and anything that may be deemed to be rude or bullying.

If employees misbehave, employers should treat such misconduct as though it had happened during a normal workday and take proportionate action. Failing to act may set a dangerous precedent for future years and could lead to claims by the victims against the employer. That said, employers should be mindful that the time for action is not at the party itself – the usual disciplinary and/or grievance processes should be followed.

How can employers prepare for the festive season?

 Employers should do the following to prepare for the festive season:

• Make it clear to all employees that Christmas parties are an extension of the workplace, and that staff are ultimately required to behave accordingly and to comply with company policies on conduct/behaviour. Companies should consider whether their current policies include reference to the expected level of behaviour when staff attend work functions.
  If updating to policy documents is required then take steps to complete such updating (or if time does not allow, issue a note to staff in advance of the party setting out expectations around behaviour at the forthcoming event).
• Ensure all staff are aware of the celebration, including those on maternity, paternity or sick leave, but confirm that attendance is not compulsory.
• Clearly identify the start and end time of the event and make it clear that any activity after the official event ends is neither endorsed nor funded by the employer.
• Ensure staff are aware of the relevant complaints and grievance procedures and, if any issues are raised under that process, take them seriously and undertake a thorough investigation. If necessary, consider instructing an independent employment law or HR professional to undertake such investigation.
• Ensure your disciplinary rules are up to date and set out the expected behaviour standards at workplace events and the disciplinary consequences of failing to adhere to the rules.
• Advise staff and managers that they should avoid conversations about performance, promotion or pay while at such events, whether under the influence of alcohol or otherwise.

While it is hoped that employers and their employees can have an enjoyable and incident-free Christmas party, in the unfortunate event you require assistance on such matters, we recommend that employers seek early professional advice.

This will put you in the best position to manage the situation by limiting the risk of damage to the business while also taking action to deal with inappropriate behaviour.

Harrison Drury’s specialist employment law team is on hand to assist and provide you with tailored, practical advice. If you would like to speak to our team, please contact us on 01772 258 321 or by email: employment@harrison-drury.com.