Did you know that work-related outings and parties are likely to be deemed to be an extension of the workplace for the purposes of equality and employment law, and that employers can be held liable for the actions of staff on a work night out?

Workplace Christmas parties are opportunities to bring colleagues together and celebrate their hard work over the previous year, and whilst we are not recommending employers cancel their Christmas parties, employers should take steps to ensure all colleagues remember to treat their colleagues with dignity and respect.

In recent years, we have had to assist many employers with the handling of grievances, disciplinaries and Tribunal claims in relation to complaints about employee behaviour at Christmas parties, including bullying, harassment, discrimination and reputational damage.

When hosting a staff party, employers need to remember they have a duty of care for everyone’s wellbeing and that all present should be advised that they’re still legally ‘at work’ while attending a ‘work event’.

Here are Worthington’s top tips for the festive season:

1) Inclusive work Christmas parties

Treat all staff equally and include staff in such events. This is a work event and all employees should be invited, whether they work from home, do not drink alcohol, do not celebrate Christmas, or are on leave whether sickness absence, maternity leave or family related leave etc.

2) Reminder of company rules and policies

Whilst Christmas parties are events to reward employees and for everyone to enjoy themselves, remind staff that they are an extension of the workplace and company rules and policies still apply.

Ensure employees know what sexual harassment in the workplace looks like. Remind staff what to do if they witness or experience sexual harassment.

Make sure they know how to challenge and report any instances of bullying, discrimination or harassment. And remind them of the standard of behaviour that is expected of them.

3) Think ahead to prevent problems

Think about the risks that could arise at social events:

• Alcohol: Alcohol lowers inhibitions and can lead to inappropriate behaviour. Consider what limits you can put in place, such as tokens for a certain number of drinks on behalf of the employer rather than an unlimited free bar,  and address any inappropriate behaviour promptly in line with company procedures. Also, ensure that non-alcoholic drinks are available.
• Overnight stays and travel: For events involving travel or an overnight stay, ensure accommodations are safe and appropriate. Make clear that the same standards of behaviour apply at all times, not just during the event itself. Provide taxis or appropriate travel arrangements to ensure staff get home safely.
• Power imbalances: Are senior staff mingling with junior colleagues? Is there a predominantly male or female workforce? Make sure all employees know the behaviour expected of them.
• Social media: remind staff of your social media policy and ask them to consider what they are posting/sharing, including photos which could potentially damage their reputation or the reputation of their colleagues or employer.

Should any employer wish to discuss the above general guidance further, or would like assistance with drafting or amending policies, such as social media, grievance, disciplinary or absence management policies ahead of the festive season, please do not hesitate to contact our Victoria Murphy at [email protected].