Posted Monday 5th December 2022
What should employers keep in mind when planning, hosting and recovering from seasonal festivities?
December is an important month for many religions so keep that in mind when scheduling celebrations and choosing themes. To avoid any risk of discrimination, invite all colleagues, including anyone on leave such as paternity, maternity or adoption leave. Even so, there should be no expectation to attend, or repercussions for not doing so. Along the same lines, there should not be an expectation to consume alcohol and catering should be considerate of different dietary restrictions and choices. As this may be the first office party for many in a few years, consider that some employees may be clinically vulnerable or conscious of seeing vulnerable relatives shortly after the event.
If any allegations of harassment or assault are made during the party, they should be taken seriously by the employer. Disruptive employees should be asked to leave on the evening and disciplinary action commenced when work resumes. To avoid liability for anything occurring after the party, employers may wish to consider arranging transport home for employees. This mitigates the risk that any after-party or subsequent outings are connected back to the employer.
Just as any complaints during the party should be taken seriously, the same goes for any issues raised after the event. Employers should ensure that any grievance or disciplinary procedures are conducted according to existing policies, are fair, non-discriminatory, and applied consistently. In addition, especially where several departments and managers are involved, there should be cohesive approaches to absenteeism the day after. In the case that employees are required to drive or operate machinery, additional safety measures may be required.
Several cases have established that employers can be held vicariously liable for their employees’ conduct at and, in some cases, after office Christmas parties. Unwanted advances or physical assaults can lead to claims against the employer as well as the relevant employee. To avoid any post-party fallout, employees should be issued with guidance on personal conduct prior to the party. This could include reminding employees of existing equal opportunities and anti-bullying and harassment policies. In addition, employees should be reminded that the breaking of these rules can lead to the disciplinary procedure being invoked.
This article is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.
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