It's that time of year again when work Christmas parties are being planned. The annual office Christmas party is an occasion to relax and celebrate the year's accomplishments. However too often inappropriate behaviour fuelled by alcohol occurs which can lead to devastating consequences for employees and the employer alike. For the wellbeing of all attending employees and employers need to understand their rights and responsibilities.
Despite often being held away from the office and even perhaps outside regular working hours, workplace laws apply to work Christmas parties. Employers retain their duty of care towards employees during these events. Critically, employers are vicariously responsible for an employees' behaviour to another employee, as they have the right and duty to control them. Harm resulting from an employee's inappropriate conduct, such as discrimination, harassment, or bullying, often exacerbated by excessive alcohol consumption, is a risk for employers.
Therefore, employers should proactively remind employees about what is acceptable behaviour, codes of conduct, workplace and social media policies and responsible alcohol consumption. This communication should be in writing and provided prior to the event.
Importantly, there is now a positive duty on employers and persons conducting a business or undertaking to eliminate workplace sex discrimination and harassment.
This change requires employers to shift their focus to actively preventing workplace sexual harassment and discrimination, rather than responding only after it occurs. The positive duty requires employers to take reasonable and proportionate measures to eliminate, as far as possible, sex discrimination, sexual harassment, sex-based harassment, behaviours that create a hostile workplace environment on the ground of sex and related acts of victimisation occurring in a work context or in connection with work.
There are a number of issues that should be considered before, during and post function to manage incidents that may occur at a Christmas work function:
- Is the venue appropriate and safe?
Ensuring the venue will safely serve alcohol is important. If you have employees less than 18 years of age, ensure the servers understand this and that they or employees do not provide alcoholic drinks to them. The venue should be able to be accessed by all employees, for example is it mobility impaired friendly? The ambience of the venue should encourage appropriate behaviour and to help employees get home safely a venue accessible by public transport is useful.
- What food and drink will be served?
Functions that offer small servings of finger food but freely available alcohol may exacerbate the risk of inappropriate behaviour and injury by increasing the likelihood of employee's over-indulging. If the employer does not have a food budget to cover a meal for each employee it should also reduce the alcohol budget to ensure safe service. Regardless of the food provided, the employer must provide a range of non-alcoholic drink options.
Consider putting a limit or cap on how much people can drink rather than having an open bar for the duration of the function. Also being mindful of the types of alcohol that is served at the function for example providing beer and wine but not spirits.
- Kris Kingle or Secret Santa
If the employer conducts a Kris Kringle or Secret Santa, ensure that employees understand by way of written communication that any gifts they purchase must be 'G' rated. This means that the recipient or others who will see the present should not have cause for offence leading to a possible breach of the organisation's policies.
- Timing of the function
It is important to set specific start and end times for the Christmas work function and to let employees know that any after-party events organised by employees are not authorised by the employer.
- Staff communication
As noted above written communication to staff is key in risk mitigation. In addition to the practical benefit of reminding employees of their responsibilities and obligations under employer policies and encouraging safe and responsible behaviour it is also evidence that the employer took reasonably practicable steps to prevent conduct in breach of its policies.
- Getting home safely
If the venue is not accessible by public transport or public transport is not appropriate given the time the function concludes consider offering employees paid taxis or other paid transport to get them home safely. Alternatively the employer could arrange for end of function taxi or ride share pools to that employees who live in the same direction or area share a ride home.
Finally, many employees also attend other organisation's Christmas functions in the course of employment such as a Christmas party hosted by a client or supplier. These events present the same risk and liability issues as internal functions so employers need to ensure that employees attending outside gatherings in the course of their employment understand the required standard of conduct.
Well planned office Christmas parties can boost morale and foster camaraderie. By considering and addressing the above issues, both employers and employees can ensure a fun and inclusive celebration while safeguarding their personal and professional reputations, as well as avoiding potential legal issues.
For further information or assistance, please contact Michael Bishop or Amelita Hensman of our Employment Law Team.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
