Happy Noel or jingle hell? Could your Christmas party land you on the naughty list?
The office Christmas party is an event that can stir up both joy and dread in equal measure. On the one hand, it can be a fantastic way to celebrate and reward your employees. On the other, a combination of alcohol consumption, lower inhibitions, and workplace gossip can be a recipe for disaster, particularly when it comes to complying with employment law. So, how can you avoid waking up with more than just a hangover this festive season?
Employers and employees can fall into the trap of thinking what happens at the Christmas party stays at the Christmas party, but that is far from the case. If your business organises an event involving employees, this falls within the definition of “in the course of employment”, meaning that all the policies that apply during the 9-5 need to be observed, and you still have a duty of care to protect your employees and uphold those policies.
Whilst nobody wants to be a Scrooge, it’s important that both employers and employees stay informed so that everyone can enjoy the festivities safely and within the law.
Sexual harassment
As fun as work social events can be, it's unfortunate that they can be a high-risk environment for sexual harassment. When people ‘let their hair down’, boundaries can be blurred, but that’s no excuse for bad behaviour. Many businesses may have previously put steps in place to promote positive behaviour, but these may not be sufficient under new legislation.
Previously, the law only required employees to respond to claims of sexual harassment. However, as a result of the new Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into effect on 26 October 2024, employers now have a positive and proactive duty to take reasonable steps to prevent sexual harassment in the workplace, which includes work social events.
We understand that sometimes employees will do things that are very unexpected, and that is why it is vital that your business proves it has taken every reasonable step to try to prevent sexual harassment (otherwise known as the “reasonable steps defence”). If things do turn sour and an organisation faces a sexual harassment claim, an employment tribunal will look at a few different factors when deciding what is “reasonable,” including the size and resources of the business, the sector in which it operates and the time, cost and potential disruption of any action taken. Essentially, the bigger an employer is, the more they are expected to do to prevent sexual harassment from taking place.
Under the new duty to prevent sexual harassment, a business is expected to educate their employees about what behaviours are expected in the workplace, what won’t be tolerated and also have open, clear channels of how individuals can raise concerns, along with processes of how any such complaints will be dealt with.
With the Christmas party season around the corner, it is important to update anti-harassment policies and procedures and ensure that appropriate training has been issued to workers and managers so they can spot and report any sexual harassment concerns and trust that these will be handled promptly and confidentially.
Perhaps the most useful thing a business can do immediately is to undertake a thorough and robust risk assessment and plan potential mitigations against these risks. Think back to any horror stories of the past and consider what steps need to be taken to prevent those. The more prepared you are the better!
Taking all these helpful but necessary steps is useless if your business does not have appropriate reporting mechanisms in place. Fostering an inclusive working environment and making it clear that issues of sexual harassment will not be tolerated, and if they have any concerns or believe something has happened to them or others, employees feel supported enough to report any issues. The business should clearly signpost where those concerns can be directed with the aim of encouraging employees to feel more willing and able to come forward if an issue does arise.
Drink and be merry
Traditionally a staple of many Christmas parties, a free bar (whilst generous) can cause excessive drinking and increase the likelihood of poor behaviour. We’ve already discussed the issues surrounding sexual harassment, but there are also other things to consider. Not everyone drinks alcohol, and this can be for many reasons, such as addiction, health or cultural and religious reasons.
Offering non-alcoholic options should be the norm, and employees should be aware that it’s not appropriate to ask intrusive questions about why people aren’t drinking, nor should they encourage or force people to partake. Businesses should be aware that there are many reasons why people choose not to drink, including as a result of religion, disability or pregnancy. Pressuring employees to partake in these events when a protected characteristic is involved or berating an employee for choosing not to attend could be considered discriminatory conduct and should be avoided.
Before the event, it is worth reiterating the company’s policies on drug and alcohol misuse and expectations of behaviour, as well as considering how employees can get home safely – particularly in those dark, wintery nights.
Be inclusive
Having a ‘traditional’ Christmas party (think Friday night, turkey dinner, free bar and loud venue) is often the norm for a business. However, looking at additional ways to celebrate your staff during the festive season and/or throughout the year is a great way to make sure everyone feels included.
The element of choice could take the pressure off your neurodivergent staff (not limited to those with social anxiety), who may be filled with dread at the prospect of having to attend a busy event space that they have never visited before.
Working parents who struggle with childcare (or don’t relish the idea of a hangover the next day) may appreciate an event such as a family fun day.
Think about other religious celebrations, too; it’s important to acknowledge that the diversity that we have in the UK means that employees will be marking and celebrating many different occasions throughout the year, and employers should ensure all faiths are represented, acknowledged, and respected.
When choosing your venue, consider people with physical disabilities. Is there wheelchair access and accessible seating, and does that seating mean that wheelchair users aren’t separated from the group?
The invite list
Hopefully, the old adage ‘out of sight, out of mind’ isn’t an issue in your business, but don’t forget your employees who are on maternity or sick leave. Everyone should be invited, where appropriate unless they’ve explicitly asked not to be contacted.
Drunken promises
Even though we’ve already established that the Christmas party is an extension of the workplace, that doesn’t mean it’s the right setting to have conversations about work. Having discussions about pay, bonuses, promotions, or performance is not only inappropriate, but verbal promises could be legally binding – even when this wasn’t the intention – and could lead to an employment tribunal. If nothing else, it could result in a very awkward conversation in the office the next day!
Have fun!
Don’t forget why you’re having a Christmas party in the first place – it’s a fantastic way to reward your employees. These rules are designed to make sure everyone has a great time in a safe environment – and that the party is talked about for the right reasons.
For advice on all things employment law-related, including the practical implications of what we’ve discussed in this article, please contact Imaan Choudry on 0191 211 7899 or email [email protected]