An employment law guide for the office Christmas party

The office Christmas party is a much-loved tradition, giving colleagues a chance to relax, connect and celebrate a year of hard work. While now is the time to embrace the festive spirit, employers should also be aware of their duty of care and legal obligations. Employment law applies to workplace events, even those held outside of normal business hours. Concerns may arise about employee behavior at company parties and, if the occasion is handled poorly, could lead to legal problems.

For example, in the case of Bellman v Northampton Recruitment Ltd (2018), Mr Major, the managing director, assaulted the sales manager, Mr Bellman after a heated work-related conversation at an impromptu after-party. The Court of Appeal agreed with Mr Bellman, saying the assault occurred in the course of his employment, as Mr Major was acting in his capacity as managing director at the time of the incident.

There was also the well-known case of Shelbourne v Cancer Research UK (2019), where Ms Shelbourne, an animal technician working for Cancer Research, was injured when a guest, Robert Beilik, a visiting scientist employed by the University of Cambridge – and not by CRUK. – picked her up on the dance floor after drinking, then dropped her when he lost his balance. The High Court ruled in favor of CRUK, stating that the organization had taken reasonable precautions to minimize foreseeable risks and could not be held responsible for Mr Beilik’s unpredictable and inappropriate behavior.

However, there are steps you can take to have a happy, legally compliant Christmas party that everyone can enjoy.

Presence

While most employees will love receiving an invitation to the work Christmas party, others won’t. It is important to remember that events taking place outside of normal working hours should be considered optional. If a team member declines, they should not have to give reasons, but rather be encouraged to communicate their no-show as soon as possible.

Accessibility

For those who wish to attend the work Christmas party, employers should choose accessible venues and activities that will not exclude anyone. Employers are legally required to make reasonable adjustments for disabled staff and modifications for pregnant women.

Set clear expectations

Before the party begins, it’s a good idea to remind employees of the expected standards of behavior. While this may seem a bit pessimistic before the fun even begins, it can avoid misunderstandings and potential problems later. To achieve this, employers should encourage everyone to have fun responsibly, highlight zero tolerance for discriminatory remarks, inappropriate behavior or excessive alcohol consumption.

Alcohol consumption

Some employees look forward to a drink or two. It is therefore important for employers to remind staff that the party is a work event and to be mindful of their alcohol consumption. For non-drinkers, offering alcohol-free alternatives will ensure they are not left out.

To prevent overconsumption, employers can limit availability by providing drink tokens or set a limit on the free bar and encourage greater responsibility by reminding employees to look out for each other and promptly report any concerns. Employers should treat reported incidents sensitively and document them if follow-up is necessary.

Plan the trip and safety

If alcohol is served at the event, employers have a duty of care to their employees, even at off-site events. Ensuring everyone gets home safely is key to a successful and responsible celebration. So arrange taxis, reimburse travel costs, or choose a location with good public transportation.

Social Media Etiquette

In the age of smartphones, office celebrations often find their way onto social media. Although most messages will be light-hearted, some could harm the company’s reputation or invade privacy. Respect privacy by reminding employees to obtain consent before sharing photos or videos of other colleagues. Encourage discretion by advising against posting anything that might embarrass team members or reflect poorly on the company.

Misconduct

When misconduct occurs, ensure that you respond promptly and professionally to any inappropriate behavior. Investigate complaints and take corrective action in accordance with your company’s relevant policies. If you don’t have certain policies in place, circulate a memo to staff in advance to clarify your position.

Whether you are an employee who had a bad time at a Christmas party or an employer with a problem to resolve, employment law is a complex and ever-changing area of ​​legal practice that governs the relationship between employers and employees. . Our experienced employment law representatives are committed to providing employees with the legal guidance and advice necessary to navigate the complex employment law landscape. We also understand the needs of employers and the importance of having suitable and robust employment contracts and grievance and disciplinary procedures.

For expert advice and help navigating the ups and downs of the holiday season, contact our employment lawyers here.