Planning after-work drinks this summer? Some pointers from HR.

• Warm weather and long, bright evenings spark many an after-work drinking event throughout the summer.
• These can come with many benefits, including improvements to team bonding, employee well-being, company culture, and retention.
• However, to manage employment law risk, there are one or two scenarios employers should plan for.

Following a predominantly warm June, many will be thinking about how they can get out and enjoy the sun come the end of a busy work day, preferably with something like a Pimm’s or soft alternative in their hands. After-work drinks are a great way to bring a team together and have fun, but there are one or two things to watch out for from an HR perspective.?

Warmer weather and bright evenings are the perfect combination for sharing some drinks with colleagues after a productive day. They help everyone get to know each other and build trust. Such bonding may contribute to a positive workplace culture, leading to improved employee well-being and retention – directly benefiting the business itself.

It’s helpful, however, to highlight two areas of risk to employers. It’s nothing that can’t be managed with a proactive approach, though, ensuring companies benefit from all the upside of after work drinks without anything going awry.

The first is a discrimination/victimisation risk brought about if an individual is left out. This will depend on the nature of your business and the kind of social activity being arranged.

Say, as an example, you have a team of ten. They arrange drinks and everyone is invited except for one person. Moreover, your team talks excitedly about the event in the build-up. There is an obvious mean-spiritedness here, and it is easy to see how a sense of victimisation could be felt by the excluded party. You are exposed to risk in this scenario as a similar court case shows.

In an employment tribunal earlier this year, a judge concluded that victimisation had occurred when awarding more than ￡74,000 to someone excluded from such drinks (among other instances of victimisation and discrimination). She noted that it amounted to a detriment at work as they lost the opportunity to bond with colleagues.

There needs to be a sufficient link to their employment, and in this case this was established by the fact that they were all colleagues and it was discussed at work. So while ‘office politics’ can strike in any business, it’s certainly best not to let it get in the way of an invitation to a group event.

The second risk is vicarious liability. This relates to an employer being held responsible for the bad behaviour of an employee in a work context – including violence or sexual harassment.

A work party will often meet this test; it is something we warn of with Christmas parties, too. Any case will be taken on its own merits by a judge, and a key defence will include actions an employer took to discourage bad behaviour.

This means strong discipline and grievance and health and safety policies, and clear messaging before an event about behaviour – particularly relating to alcohol consumption.

Well-documented communication and regular training will all help reduce the chances of something untoward happening. Should there be trouble, though, it will go towards demonstrating that you took reasonable steps to prevent it.

With those risks properly considered, the only other thing we have to say is: make sure you have fun in the sun.

For enquiries on this topic, please contact us, at [email protected] or on 01323 403500.