Navigating the Company Christmas Party: Will Yours Be a Celebration or a Catastrophe?

A client recently contacted me and asked me to assist with their Christmas party risk assessment. That got me thinking: Are employers taking the time now to plan for this festive occasion?

Despite their festive nature, Christmas parties are not immune to challenges. The potential for employee misconduct is a significant concern. In the relaxed atmosphere of these events, employees may act in ways that are not in line with your company's values. It's important to remember that these parties are company-organised events and can have serious implications if not managed effectively.

Let’s explore some areas that you should consider before your festive event.

Addressing Employee Misconduct

Alcohol consumption in a relaxed social setting can lead to behaviours that wouldn't typically surface in the workplace, and you need to be prepared. Employers play a crucial role in preventing and addressing employee misconduct. Employees may display actions that deviate from their usual conduct, ranging from aggressiveness to more severe issues like discrimination and harassment. Legally, you are responsible for safeguarding your employees' health, safety, and welfare. This means you can be liable for your employees' actions if you haven't taken reasonable steps to prevent inappropriate behaviour.

To mitigate these risks, you should:

• Establish and communicate clear policies and procedures that outline expected conduct.
• Define unacceptable behaviour to set boundaries.
• Carry out a risk assessment of the event and share it with your employees, outlining hazards and controls to manage risks.

If an employee reports harassment by a colleague, the company is obligated to respond promptly in accordance with its policy. Failure to act could expose you to vicarious liability claims, especially during work-related social events.

After-Party Responsibilities

You must also recognise that you could be vicariously liable for misconduct during "after-party drinks." Even if the company does not officially sanction these gatherings, liability can still arise if it can be demonstrated that your employees' behaviour is closely linked to their roles within the organisation.

For example:

• In the case of Bellman v Northampton Recruitment Limited, a manager assaulted an employee after a Christmas party while enjoying additional drinks at a local hotel.
• The Court of Appeal ruled that the company was liable for the manager's actions, as the firm had covered the costs for drinks and taxis, and the manager was acting within his capacity as a supervisor.

This underscores the importance of being proactive about employee conduct, even in informal settings. That’s why your policies and procedures must outline expected behaviours during both official functions and after-hours social events.

Planning with Purpose

While creating an enjoyable atmosphere during your Christmas event is important, having safeguards to prevent excessive behaviour is equally essential.

• Implement a clear policy that addresses office parties and work-related social gatherings. This policy should remind staff that they are expected to behave responsibly, regardless of the setting.
• Reinforce that company rules regarding conduct remain in effect and that any incidents of misconduct will be strictly addressed.

Even in a relaxed environment, there's always a chance of misbehaviour. Be prepared to uphold your commitment to addressing such issues thoroughly. Allegations of bullying, harassment, or any form of verbal or physical abuse must be taken seriously and investigated accordingly, with appropriate disciplinary action imposed on those found culpable.

Ensuring Inclusivity

Make sure your Christmas event is inclusive for all employees. Consider:

• Choice of venue, activities, and catering options that cater to a diverse workforce. For example, holding the event in a pub may inadvertently exclude employees with specific religious beliefs, pregnant staff, or those below the legal drinking age.
• Invite all staff members, even those who may not seem interested or have had performance issues. Failing to invite someone can harm employee relations and diminish team spirit.

If alcoholic beverages are served, consider offering:

• Soft drinks as an alternative and a reminder to drink responsibly.

The day after the party can present challenges, such as absenteeism and inevitable office gossip. While preparing for such disruptions is not always straightforward, it's wise to:

• Establish robust absence procedures and follow them as you would any other day.
• Encourage line managers to monitor employee interactions and remind staff to keep discussions professional to help maintain a respectful workplace.

Employees should be reminded that they are expected to report for work the following day, with the understanding that any absence may be deemed unauthorised.

Final Thoughts

Embrace the season's spirit with enthusiasm! With the proper planning, your Christmas party could become a cherished tradition within your company—a highlight of the year where collaboration, fun, and camaraderie flourish.

Need help with your risk assessment or want an informal chat about your Christmas party event? Let's have a conversation.

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