The work Christmas party is a great chance to get colleagues together for a festive celebration. But it can also bring with it unwanted consequences and repercussions for employers.
What should employers be aware of?
From a legal perspective, employers need to be aware that the office Christmas party is still considered to be “work” and employers are vicariously liable for the actions of their employees even at a work-related social function and even if it is not taking place on work premises.
Employers also need to bear in mind the new duty to take reasonable steps to prevent sexual harassment of their employees, which was introduced by the Worker Protection (Amendment of Equality Act 2020) Act 2023. This new preventative duty means that employers are expected to tackle situations where sexual harassment may arise head on. This means assessing the risks associated with the office Christmas party in advance and dealing with potential areas of concern before problems arise.
What can employers do in advance of the office Christmas party to reduce the risk of claims?
- Undertake a risk assessment. This is vital in order to comply with the new duty on employers to take reasonable steps to prevent sexual harassment. Guidance suggests that an employer will not be able to comply with this new preventative duty without undertaking a risk assessment. If a risk assessment has already been completed, employers should update it to include the work Christmas party and associated risks.
- Ensure that relevant workplace policies are in place and up to date. These should include Equal Opportunities, Bullying and Harassment and Disciplinary Procedure. Policies should clearly set out the definition of sexual harassment including examples to enable staff to understand acts of harassment and policies should be easily accessible, possibly on the intranet.
- Employers should also ensure that they have an up to date Social Media Policy, which sets out that social media must not be used in such a way as to damage the employer’s reputation or alternatively bans employees from posting anything that links the company to their social media.
- Employers should issue a clear communication reminding staff of the standards of behaviour expected of them and reminding them that the Christmas party is a work event and therefore work rules and policies apply.
- Consider any access requirements and any adjustments that may need to be made for employees with disabilities or other restrictions. Ensure that the venue for the Christmas party is easily accessible for all staff.
- Ensure that dietary requirements are catered for and that provision is made for those not able to eat certain foods for religious reasons.
- Consider issuing drinks tokens or other ways of limiting free alcohol. Ensure that soft drinks are readily available.
- Consider holding the event on a Friday or weekend to reduce the risk of employees being off sick the following working day due to overindulgence.
- Drink driving should also be positively discouraged and employers should consider alternative travel arrangements for staff to get home at the end of the evening, such as providing phone numbers for reputable local taxi firms or hiring minibuses.
- Care should be taken to invite any workers who are currently not present in the workplace, for example those on maternity leave or sick leave to help prevent claims of discrimination.
Comment
Despite the potential legal ramifications, the Christmas party can be a great way to get everyone together, increase morale and make staff feel valued and included. By carefully preparing for the event, communicating clearly with staff about expected standards of behaviour and considering the needs of all staff, your office Christmas party is likely to be a great success.
If you require further advice, call us today on 0330 111 3131 or fill out our contact form.
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