Legal News

Work Christmas parties are a great way to motivate employees at the end of the year and strengthen workplace cohesion. Employers should take steps to ensure their employees are safe and comfortable at their Christmas party, as employers may find themselves liable under employment law should something go wrong.

To help your office Christmas party run smoothly and ensure compliance, here are some practical tips for employers:

Recent statutory changes have placed a greater duty on employers to safeguard their workers. With the Worker Protection (Amendment to the Equality Act 2010) Act coming into force on October 26, 2024, employers are required to take ‘reasonable’ steps to prevent sexual harassment in the workplace. Guidance from the Equality and Human Rights Commission confirms that this duty extends to organised work parties outside of work hours as they are considered to be within the ‘course of employment. It is also important to be aware that the duty to prevent sexual harassment includes harassment by third parties. Therefore, employers should consider the extra risk of hosting a Christmas party in a public place, such as a pub or restaurant.

In light of these changes, the following tips will help the office Christmas party run smoothly, guiding employers before, during and after the event

Before the Party – Make it Inclusive

• Consider Everyone’s Needs: Plan a party that caters to all employees, including dietary and drinking preferences. When planning a Christmas party, it is important to make sure the event is inclusive of all employees and no one feels pressured to attend. Not providing food and drinks options that cater for all diets and drinking preferences of the workforce could leave an employer at risk of committing indirect discrimination, particularly if these requirements are religious or an employee is pregnant.
• Set Expectations: Employers are responsible for employees' conduct, even if alcohol is served. It is a good idea to outline what is expected of employees in an email or letter before the party, explaining what conduct and level of alcohol consumption is and is not acceptable.
• Remind Staff of Responsibilities: If the party is in a venue, it could also be beneficial to remind employees that the Christmas Party still falls within the scope of their employment and are therefore still representative of the employer.

During the Party:

• Assign Policy Champions: There will always be a level of risk when gathering employees for a social event, such as a Christmas Party. Therefore, it may be a good idea to have a few staff present who are fully aware of the company’s policies. They may help limit any unwanted conduct from other employees who may follow the conduct policies more loosely as the festivities progress.
• Provide Safe Transport: If possible, provide transport or a list of transport options after the event is an effective and inclusive way of ensuring the safety of staff in getting home, particularly if they are have been drinking, and may allow more staff members to attend.

After the Party: Handle Any Issues Professionally

• Address Misconduct Appropriately: If incidents occur, follow grievance and disciplinary procedures as outlined in the Acas Code.
• Fairly Manage Absences: Avoid harsh disciplinary measures for post-party absences unless they follow a pattern or involve other misconduct. Investigate thoroughly before taking action.

By planning and following these steps, employers can create a festive yet inclusive and safe environment for all staff, while remaining compliant with legal requirements.

About the Author

Alex Morgan is a caseworker in the Employment department based at Duncan Lewis' Dalston office. Alex assists a team of solicitors in the day-to-day running of a wide range of employment cases, working under the direct supervision of solicitor Ian Hurst.

For assistance on an employment matter, contact Alex via email at AlexM@duncanlewis.com, or by telephone at 02072752845.

Duncan Lewis Employment Team

Duncan Lewis employment team act on behalf of claimants and respondents in all employment tribunal related matters in a variety of areas including unfair dismissal, redundancy, breach of contract, equal pay, maternity and paternity/adoption rights, whistleblowing and minimum wage.  Our employment law specialists can represent all types of employers, large and small – as well as individual employees and groups of employees

Duncan Lewis Solicitors

Duncan Lewis is an award winning law firm mostly recently crowned the Lexis Nexis Law Firm of the Year 2024, and recognised for its commitment to diversity and inclusion by the Modern Law awards in 2023. Rated top tier by the prestigious Chambers and Legal 500 legal guides is ranked as one of the top 250 law firms in the country by the Times and Sunday Times.