Avoiding the unwanted gift of legal problems at work Christmas celebrations
A well-run work Christmas function can be a great celebration of the year's successes and a chance for employees to unwind. Proper planning, communication and supervision are key to a safe and enjoyable event. The last thing employers need is for a joyous celebration to become an employment law or workplace safety nightmare.
Every December and January, our employment lawyers are called to help clients who have an incident to investigate, an employment law issue or even OHS concerns arising from end-of-year celebrations gone wrong.
Office holiday party incidents can create plenty of talking points—and not always in a good way. From a senior executive candidly sharing their unfiltered opinions about a director with junior staff; the all-too-frequent accusations of inappropriate physical contact; questionable Kris Kringle gift choices; and a healthcare worker who ended the night in the recovery position on their porch after be wheeled home on a commode. Things can derail quickly and create complications for your business and end careers.
To help you end on a high, here is a quick guide for the party-planners, to keep your HR managers (and liability insurers) happy.
- Understanding Legal Obligations
In most cases, employers' Christmas parties do count as work events, no matter where or when they are held. That means, they come with occupational health and safety obligations, a duty to take reasonable steps to ensure attendees commute there and home safely and to ensure other employment law obligations are met.
- Venue and timing
For most workplaces, the legal minefield of the old 'a few drinks at the boss's house (what happens there stays there)' are thankfully behind them. Christmas party attendees' behaviour often depends on timing, venue and the available options. While a few drinks on Friday night may let people have fun and let them 'recover' the next day, it increases the risk of excessive alcohol use and is rarely an inclusive celebration.
A better option is a day-time event, whether centred around an activity or a meal, where drinks may be offered but the setting encourages a more responsible approach. This is also more inclusive for those with family or carer commitments after hours and steers clear of right to disconnect issues if employees are 'expected' to attend the function.
- Managing alcohol use
While alcohol can be part of the party for many workers, being a work event means moderation should be encouraged. Setting expectations around alcohol use will help reduce risks in relation to staff returning home safely and reduce the prospect of unsafe or inappropriate behaviour which may come with alcohol use. Senior personnel should also set a positive example.
Offering activities and entertainment to remove the focus from 'just drinks', limiting company-funded drinks, providing non-alcoholic options and communicating expectations around responsible use of alcohol beforehand, can encourage appropriate behaviour.
- Workplace conduct
Poorly planned and executed Christmas parties can sometimes create an environment where inappropriate behaviour, such as workplace harassment or bullying, occur. Whether it is unwanted physical contact, inappropriate jokes, or exclusionary behaviour, employers need to take steps to minimise the risks. Setting expectations in advance, designating some trusted personnel to be vigilant for signs of misconduct and planning the event wisely can mitigate risk.
- Physical Safety
Choosing a suitable, reputable venue and/or catering provider to ensure food hygiene, providing transport options to help everyone get home safely (especially for after-hours events) and monitoring behaviour are all sensible steps to help ensure physical safety. Ensuring first aid availability in the event of any injury or food allergy incident at the venue is also recommended.
- Inclusive Celebrations
Christmas parties can also present challenges in terms of inclusivity. Not all employees may celebrate Christmas, some may have dietary restrictions or known alternative religious beliefs. While there is no obligation to create a generic event or 'cancel Christmas'; taking steps to cater for dietary preferences and ensuring staff are welcomed but not pressured to attend, are straightforward steps.
- Have a clear end-point
If the event is towards the end of the day or after-hours, it is helpful to have a clear finishing time and to conclude the event punctually. While there is still an obligation to take reasonable steps to ensure employees can commute home safely, setting an end-time for the work function can distinguish it from any continued celebrations or after-parties, for which the employer does not intend to be responsible.
Plan & Enjoy the Event
Work Christmas functions are great events for workplace culture and to celebrate the year's achievements. Proper planning, execution and supervision will mitigate risk and ensure everyone can enjoy the celebration without incident.
Proactively addressing legal obligations and clearly communicating expectations around staff behaviour can significantly reduce potential issues. Creating an enjoyable celebration for all employees will leave a lasting positive impact and start you off on the right foot for the new year.
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.