An employer's guide to Christmas: Office parties

Avoid a HR Hangover This Christmas

At this time of year employers have most likely booked a venue for the office party or decided to hold one in their premises. Will your staff be naughty or will they be nice?
Can organising the office party have any employment law pitfalls that organisations  need to watch out for?

Not to put a negative on the festive celebrations but an organisation is likely to

have the same legal responsibility for what happens during the Christmas office party as its does during working hours in the office, but, with clear communication, the pitfalls can be minimised or avoided.

One important consideration is Health and safety if holding a party in the office.  As with most health and safety issues, a risk assessment before the event is essential: both to reduce the risk of accidents or injuries and to help defend a claim should the worst happen. It may be advisable to consider one or more managers designated to drink no alcohol and to supervise, any unacceptable or potentially dangerous behaviour. It could also be advisable to limit the amount of alcohol available, or at least limit the free bar at an external venue. You should also give some thought to steps that you can take to ensure that staff will get home safely.

Other main legal issue can be harassment and other types of discrimination. Harassment is defined broadly as any unwanted conduct that has the purpose or effect of violating dignity or creating a hostile or intimidating environment, where the conduct occurs on the grounds of sex, race, disability, sexual orientation, religion, age or belief. Even one relatively minor comment may amount to unlawful harassment, and the risk of harassment occurring almost certainly increases when colleagues are drinking.

Other forms of discrimination are less obvious. It is possible for an employer to be liable for harassment by third parties where the employer knows that there has been, and has failed to take action about, harassment by the same person in the past. Third-party harassment may be relevant if, for example, clients or suppliers are also invited to the party.
You should consider and cater to the needs of everyone who will be attending the party to avoid discrimination. This could include ensuring that there is food that meets employees' religious and cultural requirements and sufficient non-alcoholic drinks, and considering any physical assistance or adjustments for disabled staff.

It is undoubtedly advisable that before the party, whether being held in your premises or externally to remind staff of behaviour that is, and is not, acceptable, without sounding like too much of a killjoy. This could include the point that staff will still be representing the company when at the party, and a reference to your harassment or discrimination policy - as well as wishing everyone a merry Christmas!

At Prestige we want to wish you a great office party and ensure you have suitable office policies in place to accommodate this.
Our Tips

1. Ensure all employees are aware of the company's standard disciplinary and grievance procedures.

2. If staff are expected to come in the day after the office party, make sure this has been clearly communicated to them beforehand

3. At the office party, ensure all employees are catered for regardless of their age, sex, sexual orientation, religion or disability.