Christmas Parties: Everything Employers Need To Know

Not everyone drinks alcohol, but this time of year can see people indulging a bit more than they probably should. Many employers don’t realise that misdemeanours at work functions such as Christmas parties can leave them liable and facing costly claims, even though the staff are off the clock and off the premises. Not to mention the potential for reputation damage that badly behaved staff can generate in a world of social media.

Whilst not all Christmas party headaches involve alcohol, sadly, the vast majority do. So, whether the employer is buying the booze or not, here are our top tips:

People are not always aware of how alcohol affects them the day after the night before. So, whilst it might be cheaper to have the party mid-week, if staff are due to work the day after the Christmas party and their work involves driving or operating machinery, you could be facing a very serious health and safety issue.

If you employ staff who are under 18, then you need to be very diligent in ensuring they don’t consume alcohol on your watch!

Tip 1 – Avoid holding festivities the night before a workday or consider an alternative activity that doesn’t involve booze.

Many businesses like the tradition of a Christmas party, and if you operate in sectors such as care or hospitality, there is no such thing as a non-working day for your business. One of the most common problems employers will face is employees ringing in sick or not showing up at all after the Christmas party.

It’s important to get ahead and emphasise that those who are scheduled to work must ensure they present for work the following day on time and fit to carry out their duties.

Remind staff (in writing!) that any unauthorised absence, failure to comply with absence reporting procedures, or presenting for work unfit due to the aftereffects of alcohol will result in disciplinary action. AND BE CONSISTENT!

Tip 2 – Try to give staff as much notice as possible of the date of the Christmas party and remind staff that if they want to book the next day off, they need to do so by submitting their holiday requests promptly. You may also want to forewarn them that any instances of sickness the following day may be investigated as potentially invalid reasons for absence (circumstances permitting, of course!).

Harassment can take many forms. The most common type of harassment occurring at this time of year tends to be sexual harassment. Sexual harassment is defined under the Equality Act as unwanted behaviour of a sexual nature.

As of 26 October 2024, employers are under a new duty to take reasonable measures to prevent sexual harassment in the workplace. This duty of care applies not only to employees and workers but also extends to contractors and the self-employed.

Sexual harassment is very serious, and whilst alcohol is often a factor, this is never an excuse for anyone to cross the line. Employers should make it absolutely clear (again in writing) that they will not tolerate sexual harassment, and any instances will lead to disciplinary action for which the outcome may be summary dismissal.

Tip 3 – Policies, training, and communication! Most employers have harassment policies—if you don’t, you certainly should. However, these policies are useless if they are left on a shelf gathering dust. Redistribute your policies regularly and ensure that staff are trained to recognise sexual harassment, to report it if they see it, and, if it does happen to them, that they know who to report it to and how it will be dealt with.

Like sexual harassment, violence at work is very serious, and the employer has responsibilities from both an HR and a health and safety perspective.

I. Health and Safety at Work legislation places upon employers a duty to protect the health and safety of their workforce, which includes protecting them from violence and abuse. This duty also extends to work-related functions and activities away from the workplace, such as Christmas parties. Depending on the circumstances and severity, the employer may be responsible for reporting such incidents.

Avensure has a team of health and safety experts on hand to advise you of your responsibilities in the unfortunate event you may need to report an incident of work-related violence.

II. If there is an incident of violence at a Christmas party, the first thing to do is not to react in haste. The matter is highly likely to fall under the definition of gross misconduct, which could result in the summary termination of the employment of those involved, but you still have a legal duty to ensure that any action you take is fair, reasonable, and in accordance with employment legislation.

Contact our experts, who will be able to provide step-by-step, bespoke advice on conducting your investigations and will take you through each stage of the disciplinary process.

Tip 4 – Be sure to communicate your disciplinary rules and procedures to your staff regularly and remind them that these rules apply at work functions. This will make clear not only the procedure for dealing with poor conduct but also the standards of behaviour the employer expects.

It’s not just the staff who need to be on their best behaviour. If something does happen at the Christmas party, it’s vital that the employer doesn’t act in haste. If you dismiss someone in a fit of temper or tell them you’re cutting their pay if they don’t get off the karaoke (however tempting!)—you could very well find yourself on the receiving end of a claim.

Tip 5 – Don’t panic, don’t react, call Avensure. We’re here 24 hours a day, seven days a week, and if you do find yourself on the receiving end of any festive HR headaches, we can help. Click here: Avensure Contact!