’Tis the season for employers to throw the annual Christmas bash. These events are meant to be a time of celebration, but as popular films and television have shown us, the revelry can sometimes overstep the mark.
As an employer, you have responsibility outside of the normal workplace when it comes to parties and events you arrange, whether they are related to Christmas or not.
A work-related celebration is still regarded as an extension of the workplace and that means employers must take steps to ensure the environment remains safe, respectful and legally compliant.
This is not to say that you cannot encourage having a good time but you must make sure your employees are aware that any unreasonable behaviour at the party will be dealt with under the company’s disciplinary policy.
This is no different than making sure your employees behave appropriately at work. The main exception to this is sexual harassment which, rather than under a disciplinary policy, should be dealt with under a separate sexual harassment policy.
Understanding the law around sexual harassment
The classic trope of a saucy secret Santa or someone misusing a copier may seem like harmless fun, but it exposes you as an employer to unnecessary risk.
We don’t want to take the fun out of the office party, but the Worker Protection Act, which amends the Equality Act 2010, places a clear legal duty on employers to take reasonable steps to prevent sexual harassment.
Although most people behave professionally at work, the relaxed and informal atmosphere of a Christmas party can sometimes lead to conduct that crosses a line.
Harassment can include many forms of unwanted behaviour, from inappropriate remarks to physical advances, and it is crucial that employers recognise the risks and have measures in place to reduce them. Being proactive, not reactive, is now essential.
Steps to safeguard your staff
A good starting point is to remind employees that workplace conduct standards apply wherever a work event takes place.
Clear communication ahead of time, supported by up-to-date policies on equality, behaviour and alcohol use, helps set expectations.
Training sessions or brief reminders about dignity at work can also reinforce the importance of respectful behaviour.
Employers might also wish to think about practical considerations, such as:
A Christmas party does not have to revolve around late-night drinking. Activities, daytime gatherings or seated meals can still create a sense of celebration while reducing potential risks for you as an employer.
On the night, managers and senior staff should remain alert. Addressing inappropriate behaviour early can prevent matters escalating and demonstrates that the employer takes its duty of care seriously.
Employers can be held vicariously liable for misconduct carried out “in the course of employment”, so timely intervention is vital.
Responding to concerns or complaints
Employees must feel confident that they can raise concerns without fear of judgement or retaliation. Providing several reporting options, including confidential or anonymous routes, can help encourage people to speak up if something happens.
Any report of harassment should be investigated thoroughly and sensitively. Confidentiality, fairness and support for the affected individual are all key.
Where misconduct is established, employers should take appropriate disciplinary action in line with their procedures and the seriousness of the behaviour.
Offering wellbeing support, including counselling or a safe space to talk, can make a meaningful difference to someone who has experienced harassment.
Social media posts
Another area to be mindful of is that of social media. The internet is forever, even if the memory of the party isn’t, so make sure that willing consent is obtained for any photos or videos taken for social media.
If an employee can be identified in a less-than-flattering picture, this could be classified as personal data for GDPR.
The last thing you want is a grievance being raised by a member of staff who felt humiliated by a post they did not consent to being published.
Just like disciplinary and sexual harassment policies, social media policies are just as applicable at work events as they are at the office.
Should employers worry about holding a Christmas party?
We aren’t being Scrooges by suggesting caution – Christmas parties are an important part of workplace unity and culture – but appropriate measures should be taken.
With the right preparation and understanding of your obligations under the Worker Protection Act, you can host an event that is enjoyable, inclusive and legally sound.
Taking early advice from our Employment Law team can give you peace of mind as you plan your event, helping you identify potential risks and put the right safeguards in place.
If you have questions about your responsibilities as an employer or need guidance on managing staff behaviour at work-related events, our Employment Law experts at Hethertons are here to help – get in touch.
