Work Christmas parties and the pitfalls for employers

Work Christmas Parties

With the festive season in full swing there will be workplaces all over the country preparing for their Christmas parties.

Whilst it is hoped that all Christmas get togethers will give employees the opportunity to celebrate the years’ success outside of the office, it is often found that the mixing of personalities, backgrounds, generations and varying alcohol tolerances can sometimes be a recipe for, not so cheery, Employment Tribunal claims.

From the minor instances of gossiping and fallouts to the major examples of harassment and discrimination, there are a lot of things that employers should factor into any organised work events to minimise the fall out of any issues that may arise.

Can an employer take action for misconduct that happens outside of the workplace?

Yes, Employers can be held vicariously liable for the acts of their employees in the course of their employment. As a result, a Christmas party can present a serious risk for employers who are not taking effective steps to manage their staff. Therefore, as far as is reasonably practical, the Christmas party should be considered an extension of the workplace.

Employees can be disciplined for misconduct outside of the office if it is closely connected to the working environment and employers can be held liable for the acts of their employees outside of the workplace.

In the case of Gimson v Display By Design Ltd, the employer was held to have fairly dismissed an employee after a fight took place at the end of the Christmas party. The decision was held to be a reasonable response to the misconduct, even though the misconduct happened outside of work.

In the case of Bellman v Northampton Recruitment Limited an employer was found liable for its employees conduct after the managing director assaulted another employee whilst at ‘post-party’ drinks which took place after the official Christmas party had ended.  The employee suffered brain damage as a result of the assault and despite the time and place of the assault, the managing director was still held to be acting in the course of his employment.

In the case of Chief Constable of the Lincolnshire Police v Stubbs, the Employment Appeal Tribunal found an employer vicariously liable for their employees act of sexual harassment in a pub outside of working hours. It was held that social events involving employees during an organised party could be found as an extension of employment. 

What should employers be doing?

1. Policies and Procedure

Employers should be aware of the newly introduced sexual harassment legislation changes in October 2024 and be implementing procedures to ensure they are taking all reasonable steps to prevent harassment.

As a result sexual harassment policies, anti-bullying and harassment policies and even social media policies should be circulated as a reminder prior to any organised work event.  

2. Provide clear written guidance as to acceptable behaviour

Whilst distributing your policies, remind staff of the conduct and behaviour you expect. Employers should be prepared that the relaxed social atmosphere may lead to employees acting out of character ranging from aggressive or colourful language to seriously inappropriate behaviour or discrimination.

3. Lead by example

Often individuals encourage the fuelling of alcohol as a sure way of having a good time. It is precisely these employers that can find themselves on the wrong end of employment tribunals or even criminal proceedings.

Practical points for employers to think about can include travel arrangements before and after the event, nominating a designated sober person or even arranging a get together that doesn’t solely revolve around the consumption of alcohol. Lunchtime Christmas parties and/or activity based social gatherings can result in a higher uptake of staff who perhaps feel unwelcome or uncomfortable at a standard drink fuelled evening.   

In conclusion, whilst a Christmas party can be a great outlet for employees, employers must be mindful and perceptive to the above and act sensibly if issues do arise.

Our team are able to assist with a range of enquiries and HR support. If you would like any support in respect of ensuring you have everything in place to take all reasonable steps to prevent harassment or any advice in respect of the above, please contact us on 01983 897003.