01.11.2019

Don’t wake up with regret after the work Christmas party

As 2019 draws to a close, businesses will begin preparing for their festive party to celebrate another busy and successful year.

The opportunity to let your hair down and enjoy a few drinks can be an exciting prospect for many colleagues, but sometimes this excitement can lead to over-indulgence.

The availability of alcohol can lead to incidents of inappropriate behaviour, which can result in damaging claims being brought against the company and individual.

The potential problems

Although the party may take place outside of the workplace and normal office hours, there remains the risk that an employer will be liable for the actions of its staff.

Consuming high volumes of alcohol can be the catalyst for serious legal issues, with incidents of discrimination or harassment not uncommon.

Unfortunately, sexual harassment is one of the most common problems at an alcohol-fuelled work party, as some individuals begin acting out of character.

Accusations of discrimination on the grounds of age, race or sexual orientation can also occur – I’m sure we can all picture the type of unsavoury scenario described.

Protect your organisation

When emotions are running high after a night of drinking, existing workplace tensions can sometimes spill over into full-blown verbal or physical altercations.

This type of unacceptable behaviour could lead to claims for potentially unlimited compensation, not to mention the significant amount of time and effort senior management must invest into the subsequent investigation.

When employment lawyers are called to deal with a serious claim or accusation, the back to work blues can leave many people feeling extremely embarrassed.

There are several steps that organisations should follow to avoid becoming that client:

· Don’t leave anybody out – every member of staff should be invited to the Christmas party, regardless of whether they are ill or on leave;

· When employees can bring partners, be sure not to discriminate on the grounds of sexual orientation and don’t assume all partners will be of the opposite sex;

· Ensure that you have an equal opportunities/anti-harassment policy in place;

· Consider limiting the bar tab. Providing limitless amounts of alcohol to employees, without monitoring who is drinking what is not only irresponsible, it can also increase the likelihood of a serious issue occurring;

· Tell employees to enjoy themselves and have a good time, but remind them that inappropriate behaviour will not be tolerated and could result in disciplinary action;

Avoid the post-party dread…

A lot of the major legal issues faced after a work Christmas party can be easily avoided – the vast majority stem from bad choices made by an organisation and its employees.

If you are responsible for organising the event, then it’s important to exercise caution when making any final decisions, as some misjudged choices could encourage excessive drinking.

In some serious cases, drunken actions can result in a claim being brought against the company or person involved, so it’s important to remind people of their responsibilities beforehand.

If you have a Christmas party coming up and require legal guidance or advice, contact an experienced team of lawyers for assistance.

By Tina Chander, Partner and Head of the Employment team at Midlands law firm, Wright Hassall, which deals with contentious and non-contentious employment law issues. Tina acts for employers of all sizes from small businesses to large national and international businesses, advising in connection with all aspects of employment tribunal proceedings and appeals.