“It may sound a bit Scrooge-like but employees need to warn their staff not to bring in unsuitable gifts such as underwear or ‘novelty’ toys which could constitute sexual harassment,” Katherine said. “Alcohol knocks down carefully, soberly constructed office etiquette like a sledgehammer as staff let their hair down at Christmas. Employees can over-indulge and act out of character, sometimes with disastrous consequences. The goal is to make the party an unforgettable one…for all the right reasons.”
In legal terms, the Christmas party is classed as a 'work activity’. Katherine advised employers should consider adopting a ‘party policy’ or setting guidelines. Bosses that are worried about taking the fizz out of the bubbly with such an approach are still recommended to refer staff to the grievance and disciplinary procedures or to post employees’ responsibilities on a notice board or intranet.
So what are the key pitfalls employers need to safeguard against?
Money
Employers are warned not to have conversations at the Christmas party that they wouldn’t ordinarily have in the office. Katherine said: “The golden rule is not to discuss money, including pay rises, bonuses, benefits or other members of staff. I’ve seen cases in the past, where an employee claimed constructive dismissal after a pay rise was promised at a party but never materialised.”
Alcohol
Mistletoe and wine may be an essential part of any Christmas party but watch out for the sexual harassment legal fall-out, or even worse, brushes with criminal law.
“Having a blanket ban on booze is the safest of options but clearly unrealistic,” Katherine said. “But employers need to remember it is illegal for staff under the age of 18 to drink, so its crucial employers do not facilitate this. In one extreme example, an employer was found responsible for the death of a girl at the office party due to alcohol poisoning.”
If you decide to allow alcohol then be aware of the risks involved and consider limiting the amount of free drinks. Employers providing free drink or putting a credit card behind a bar should be careful. In some cases, tribunals have held that employers were partly to blame for their employees’ misconduct where they have provided a free bar and seemingly encouraged excessive drinking. Employers should be prepared to send an employee home if their alcohol-fuelled conduct becomes inappropriate.
Religion
Discrimination claims are also another hangover from the office Christmas party. Christmas is a Christian holiday, employers shouldn’t pressurise those who don’t want to attend on the grounds of religion. They should also ensure alternative food choices are catered for when it comes to staff of a different race or religion.
Disability
Venues should be accessible to all employees; ensuring disabled employees are not at a disadvantage.
Sex and Age
Employers need to be conscious of any derogatory comments or behaviour that is likely to be offensive or discriminatory.
“The mood is right, the spirit’s up, but any verbal abuse should not be tolerated,” Katherine warned. “Comments made by male members of staff to female members of staff regarding their attire have resulted in successful tribunal claims. You may have an employee who thinks it’ll be lonely this Christmas and as a result decides to make an unwanted pass at one of their colleagues. Make sure you communicate the repercussions of such behaviour to your staff in your ‘party policy’.”
When it comes to sexual harassment or unwanted conduct during the party, employers are liable for any discriminatory actions of its employees.
Health & Safety
“Don’t be tempted to put up decorations whilst standing on a swivel chair, don't hang the tinsel on computers or other sources of heat, don't decorate emergency exit signs, think carefully about having plastic cups instead of glasses; and don’t let anyone dance on the photocopier!” Katherine said.
Employers need to remember that their duties under health & safety legislation are still applicable for outside of work activities. If supplying food, stringent health and safety measures will have to be followed to reduce the risk of food poisoning, particularly when dealing with buffets, canapés and other cold or re-heated snacks.
Home James!
Be careful about employees who are driving home, especially if alcohol is involved.
“I’d advise bosses to provide telephone numbers of taxi firms and take reasonable steps to minimise the risk then they should absolve liability,” Katherine said. “There’s a duty of care to employees. It will always be difficult, as there will always be someone who doesn’t heed the warnings. Hopefully people will make the necessary arrangements to get home or just be sensible and take the view if they’re driving home they won’t have a drink at all.”
The Hangover
If a work-do is held during the week, bosses should make it clear to staff that they are expected to be at work the next day or to have it booked off as a holiday, otherwise disciplinary action may result.
Katherine concludes: “It may sound pretty stringent and regulated but in fact, the legislation is there to make sure your office party offers an environment where everybody wants to attend, feels they can attend, and can enjoy themselves. Merry Christmas and a Happy New Year!”