Christmas parties

We couldn’t let the festive season pass us by without our annual Christmas party reminder.

Most employers will be aware that work parties like all work-based social events are an extension of the workplace.  This means that any issues arising at the party should be treated as you would any other issue that occurred in the office.  And the stakes are higher this year following the introduction of stricter sexual harassment laws. The updated legislation, which came into effect in October, places a greater duty on employers to take reasonable steps to prevent sexual harassment in the workplace, including at social events. 

Sexual harassment involves any unwanted sexual behaviour that causes someone to feel intimidated, degraded, humiliated, or offended, regardless of intent. This includes actions like inappropriate remarks about someone’s appearance, offensive jokes, unwelcome questions about personal matters, or non-consensual touching. It also extends to digital communication, such as unwanted messages, emails, or phone calls.

Businesses in high-risk industries may need to consider extra safeguards, such as in hospitality, where research has found more than half of women reporting workplace sexual harassment.  Measures could include ensuring employees never work alone and providing additional reporting channels beyond direct supervisors. 

Waiting for something to happen is not an option: employers need to be able to show they have taken reasonable steps to prevent a situation arising and ignoring these risks could result in legal and reputational damage. 

So what practical steps can employers take to make sure the party isn’t remembered for all the wrong reasons?

Before the party...

• Remind staff that usual office rules apply even if it is outside of work hours or offsite and that employees will be bound by disciplinary, grievance and anti-harassment, social media policies and so on, in the usual way.
• Be inclusive, think about where and when the party will take place.  Use an accessible venue, and if there is to be entertainment, make sure that it is appropriate and not likely to offend.
• Think about your menu, some groups will not eat certain foods.  If you are providing a bar, make sure that food is served. 
• Plan the journey home.  Take steps in advance to avoid employees driving home if they have been drinking, perhaps providing transportation, or as a minimum having taxi phone numbers available.

At the party...

• If something goes wrong, wait until after the event to investigate. 
• Whilst it may be a good idea to send an employee home, avoid investigating or taking any action at the time, and especially not in front of other employees.  Investigate after the event, as you would any other disciplinary matter.
• Managers should avoid discussions about performance and pay to avoid offending or inadvertently making promises to the employee that may be misunderstood.

The morning after…

• If there is a complaint, investigate as you would any other grievance.  Many of the cases involve the failure to adequately investigate grievances raised after the event. 
• If the following day is a working day and you want employees to attend, then remind them in advance that unauthorised absences will not be tolerated or to book leave.  Be consistent with how you handle any post-party absences.

And, after all of this, try to enjoy the party!