Christmas is the time of year when most companies reward their employees for their hard work by hosting a party. The majority of workers behave appropriately, but sometimes behaviour gets out of control, so it’s important to remember that employment laws apply even when a party takes place somewhere other than the workplace.
Employers should consider the risks of sexual harassment, alcohol-fuelled brawls, religious discrimination and post-party absenteeism. To help your company negotiate the minefield of complex legal issues behind the festive cheer, HR Legal Service has prepared a list of its top 10 tips for ensuring a trouble-free event.
• Do not insist that all staff attend the office party. Christmas is a Christian holiday, so do not pressure someone to attend if they do not want to on religious grounds.
• If the event is out of hours, remember also that some people have family responsibilities that may prevent them attending.
• Employers need to be sensitive to staff who don’t drink alcohol, or who don’t eat certain foods. Ensure there are non-alcoholic drinks available, as well as alternative food options.
• Employers should be mindful that allowing employees to bring their partners must not discriminate on the ground of sexual orientation. It should not be assumed that all partners are of the opposite sex and any invitation should be open to all.
• Send an email that provides clear written guidance to all staff about acceptable standards of behaviour, reminding them that the party is an extension of the work place. Make it clear that fighting, excessive alcohol consumption, the use of illegal drugs, inappropriate behaviour, sexist or racist remarks, or harassment and comments about sexual orientation, disability, age, or religion will not be tolerated. Explain that disciplinary action may be taken if unacceptable behaviour occurs.
• In the email prior to the event itself, include advice about not drinking and driving, as an employer may still be responsible for workers driving home from an office party. Ask staff to plan their journey home before attending the event.
• If your firm is considering offering a free bar, remember this will encourage excessive alcohol intake; you may, therefore, want to consider restricting the amount of free alcohol that is up for grabs. Making plenty of food available early on and serving a meal may also assist. Putting on entertainment, such as a disco, also prevents employees from simply propping up the bar.
• Managers should avoid conversations about performance, promotion, salary, or career prospects. Promises made at a Christmas party, even when made under the influence of alcohol, can later become issues.
• Consider appointing a suitably sensible person to remain sober at the party who can intervene if things start to get out of hand. Do not discipline any staff at the party itself. Send them home if necessary and deal with the incident when you are back at the office.
• Be clear about your expectations regarding absence the next day, but don’t expect miracles from those who do turn up for work. Ensure all staff are aware of the extent to which the company will be lenient about coming to work late and that, if these expectations are breached, disciplinary action may be taken.
HR Legal Service offers employers top 100 law firm advice delivered in a personalised, business-focused, jargon-free manner for a low monthly fixed fee price. Find out more at hrlegalservice.co.uk
