“It’s Christmas Time, there’s no need to be afraid…”
In the year that Band-Aid’s Christmas classic celebrates 40 years, read on to make sure there’s nothing for businesses to fear as the festive season gets into full swing.
Sarah Begley, Associate Employment Solicitor at Wilkes, highlights some useful tips for hosting the office Christmas party and the pitfalls to be avoided.
As a starting point, when preparing for the event itself do remember to cater to all employees, Sarah says:
“Not everyone looks forward to the work Christmas party and employees should not be pressured into coming to the office party.”
It is important to remember that employment laws apply even where a party takes place off work premises and outside working hours. Employers could be liable for acts of discrimination, harassment, assault, or other unwanted conduct by employees.
This year in particular, it is important for employers to be mindful of the new legislation on sexual harassment in the workplace (Worker Protection (Amendment of Equality Act 2010) Act 2023) which came into force on 26th October 2024. This act introduces a new legislative duty on all employers to take reasonable steps to prevent sexual harassment of their employees in the workplace (the ‘preventative duty’) by other employees and third parties. The upshot is that employers must be proactive in preventing discriminatory behaviour in the workplace. A very good place to start is communicating expected standards of behaviour ahead of this year’s Christmas party.
Whilst most parties pass with no more than a dodgy dance move or two and a fair share of hangovers, employers should bear in mind some simple measures to help the event pass without incident and reduce the potential risk.
Here are some useful tips:
- Some employees do not look forward to or cannot attend the Christmas party. Are there more inclusive ways the employer could say thank you to their staff e.g. Christmas gifts for those unable to attend?
- Christmas parties are a great way to say thank you to employees for their work throughout the year – free food and drinks (alcoholic or not) are welcomed by most. However, employers need to be mindful to avoid allegations of discrimination:
- Make sure the venue itself is accessible for disabled staff and that staff can get there and back safely.
- Catering to different dietary requirements that take into account other religious/philosophical beliefs.
- Make sure non-alcoholic drinks are available.
- No employer wants to be accused of being The Grinch but parties can be expensive during these difficult financial times. Cutting back may be seen by some as sensible but by others as being a little mean. On the other hand, a lavish party may be seen as generous by some or insensitive by others whose households may be struggling with the increasing costs of living.
- The Christmas party is a chance for staff to let their hair down properly but one too many at the free bar and getting carried away could leave participants with more than just a sore head. Employers should remind employees prior to the party that they are representing the organisation and set the boundaries in terms of what are acceptable/unacceptable standards of behaviour. Employers should make clear that misconduct at the party will be deemed to be misconduct at work.
- Employers may be liable for incidents of harassment that take place at work-related social events and could face employment tribunal claims. There are however simple steps an employer can take to mitigate this risk.
- There’s no harm, and indeed every benefit, in employers reminding employees of the need to behave and treat each other with respect.
- An up-to-date harassment policy, which is brought to the attention of all staff, will also help to reduce the risk of harassment occurring and go some way to protect the employer.
- Social media – a more recent development but ask staff to be aware of social media policies and to think before posting on social media. Your customers, clients, or wider professional community may see unflattering posts and form a negative view of your organisation.
- Finally, there comes the morning after the night before. Where the Christmas party takes place on a working night, there is always the possibility that employees will “pull a sickie” the next day as a result of over-exuberance. It is a good idea to warn staff that unauthorised absence the day after the Christmas party may result in disciplinary action. To mitigate this risk, employers could encourage employees to book annual leave, subject to maintaining adequate staff levels.
Ultimately the Christmas party is about rewarding and thanking your staff for their efforts over the preceding year. Following the basic steps above in advance of the party will only serve to enhance everyone’s enjoyment of it.
If you have any query arising from this update, please contact Sarah Begley on 0121 733 4312 or [email protected] or any member of the Employment team.
