For example, in the case of Bellman v Northampton Recruitment Ltd (2018), Mr. Major, the Managing Director, assaulted Sales Manager Mr. Bellman after a heated work-related conversation during an impromptu after-party. The Court of Appeal ruled in favour of Mr. Bellman, stating that the assault occurred within the course of employment, as Mr. Major was acting in his capacity as Managing Director when the incident took place.
There was also the well-known case of Shelbourne v Cancer Research UK (2019), where Mrs. Shelbourne, an animal technician working for Cancer Research, was injured when a guest, Robert Beilik, a visiting scientist employed by Cambridge University – not CRUK – lifted her up on the dance floor having been drinking, and then dropped her when he lost his balance. The High Court ruled in favour of CRUK, stating that the organisation had taken reasonable precautions to minimise foreseeable risks, and could not be held liable for Mr Beilik’s unforeseeable and inappropriate behaviour.
However, there are steps to take to host a joyful and legally compliant Christmas party that everyone can enjoy.
Attendance
While most staff will love receiving an invite to the work Christmas party, others may not. It’s important to remember that events that fall outside of normal working hours should be considered optional. If a team member declines, they shouldn’t have to give reasons as to why but rather be encouraged to communicate their non-attendance as early as possible.
Accessibility
For those who do want to attend the work Christmas party, employers should choose accessible venues and activities that will not exclude anyone. Employers are legally required to make reasonable adjustments for disabled staff and modifications for pregnant women.
Set Clear Expectations
Before the party kicks off it’s wise to remind employees of the expected standards of behaviour. While this may feel a bit doom and gloom before the fun has even started, it can prevent misunderstandings and potential issues further down the line. To achieve this, employers should encourage everyone to have fun responsibly, highlight zero tolerance for discriminatory remarks, inappropriate conduct, or excessive drinking.
Alcohol consumption
Some employees will be looking forward to a tipple or two so it’s important for employers to remind staff that the party is a work event and to be mindful of their alcohol consumption. For non-drinkers, providing alcohol-free alternatives will ensure they’re not excluded.
To prevent overconsumption, employers can limit availability by providing drink tokens or set a limit on the free bar and encourage greater responsibility by reminding employees to look out for one another and report any concerns promptly. Employers must handle reported incidents tactfully and document them if follow-up is required.
Plan Travel and Safety
If alcohol will be served at the event, employers have a duty of care to employees, even at off-site events. Ensuring everyone gets home safely is key to a successful and responsible celebration. So, arrange taxis, reimburse travel costs, or choose a venue with excellent public transport links.
Social Media Etiquette
In the age of smartphones, office party moments often end up on social media. While most posts will be light-hearted, some could harm the company’s reputation or invade privacy. Respect privacy by reminding employees to obtain consent before sharing photos or videos of other colleagues. Encourage discretion by advising against posting anything that could embarrass team members or reflect poorly on the business.
Misconduct
If misconduct does occur, be sure to address any inappropriate behaviour promptly and professionally. Investigate complaints and take corrective action as per your company’s relevant policies. If you don’t have certain policies in place, circulate a memo to staff in advance to make your position clear.
Whether you’re an employee that’s had a bad time at a Christmas party or an employer with an issue to resolve, employment law is a complex and ever-evolving area of legal practice that governs the relationships between employers and employees. Our experienced employment law legal representatives are committed to providing employees with the guidance and legal advice needed to navigate the intricate landscape of employment law. Equally we understand the needs of employers and the importance of having suitable and robust contracts of employment and Grievance and Disciplinary procedures.
For expert guidance and help navigating the highs and lows the festive season brings, get in touch with our employment lawyers here.
