Christmas Party Top Tips

In the run up to Christmas party season, it is important for you, as an employer, to highlight the behavioural expectations you have of employees at the Christmas party.

Cultures of excessive drinking and poor behaviour at firm parties and work nights out have been uncovered with the most recent example to hit the headlines being the Freshfields partner who was accused of engaging in sexual activity with a junior colleague who was intoxicated after a work night out. In light of the poor behaviours displayed by many within the industry, firms are beginning to introduce measures in a bid to protect their staff at such events.

According to the Financial Times, BDO, a leading accountancy firm, has introduced ‘Sober Chaperones’ at its Christmas Parties.  Heads of departments are now required to assign two people who will remain sober at these events. Those assigned are there to deter any inappropriate behaviours and to make sure that staff get home safe. Other large firms within the industry have also attempted to discourage excessive consumption of alcohol at work events by hosting ‘Christmas Lunches’ with limited alcohol and distributing guidelines for employee conduct prior to parties, reminding employees that they still represent their firm outside of the office hours.

Whilst it is great to give staff the chance to relax and enjoy themselves, it’s important not to expose your business to breaches of employment or health and safety law.

To ensure your event runs smoothly:

Consider organising an event with a clear finishing time (e.g. a meal in a restaurant). This ensures that employees who wish to carry on celebrating afterwards do so at a venue of their own choosing.

Bear in mind a recent Court of Appeal ruling in which a man who suffered a serious brain injury after being punched by a colleague, while they were drinking at a hotel some time after the company’s Christmas party had finished, won compensation. In this particular case, the man’s colleague was a director and shareholder of the company and the way he ‘chose to exert his authority, indeed his dominance as the only real decision-maker’, was critical to the decision that the employer was vicariously liable.

Remind staff that the party is a work event and usual conduct requirements apply.

The party is likely to be viewed as taking place ‘in the course of employment’, so employers can be held liable for the actions of their employees.

Top tips :

  • Carry out a risk assessment of the venue you've chosen for the party. Make sure it does not pose any health and safety problems and that it won't be difficult for employees with disabilities to access;
  • If employees' partners are invited to the party, invitations should not discriminate as to who is included;
  • If food is being provided, make sure you cater to all employees' dietary requirements as far as possible. This includes employees who are vegetarian or vegan, those of different religions and those with specific food allergies;
  • Consider how much alcohol (if any) you should provide free of charge. Make sure soft drinks are available as well.
  • If the party includes entertainment, take the time to ensure this will not contain material likely to cause anyone offence;
  • Consider hiring transport or providing taxis so that employees can get home safely;
  • Remind your employees that they have a duty to take reasonable care of their own health and safety and that of anyone who may be affected by their actions or omissions;
  • Make sure employees understand the difference between 'banter' and behaviour that could be considered insulting or demeaning.
  • You may wish to choose an appropriate number of senior staff who can act as general overseers to ensure the event is trouble free, and to whom staff know they can report any problems. They will then be able to act quickly if any inappropriate behaviour does occur. If such behaviour occurs and an employee makes an official complaint about it, you must deal with this formally under the appropriate procedures;
  • Employees who are expected to attend work the next day should be aware that if they are absent because of over-indulgence, this is likely to be regarded as a disciplinary rather than a medical matter; and
  • Employees should be in no doubt that any illegal acts will not be tolerated.
  • Have Fun!

 

For help dealing with the aftermath of your Christmas party, call Kate Johnsonon 01827 317063 or e-mail kjohnson@pickerings-solicitors.com