Christmas Parties Risk Being Banned !
It sounds dramatic but many employers will be thinking of cancelling the annual Christmas Party.
Costs, follow on absenteeism, and the increasing risk of health, safety and unacceptable behaviour leading to vicarious liability and follow on claims for assault, discrimination and sexual harassment make Christmas parties a high risk activity.
But there are simple easy to implement actions that employers can take to reduce the risks.
1. Policies, Procedures and Warnings
Develop and issue behaviour policies on the standards expected at business related events, formal, social and out of hours including Christmas parties.
- Ensure these give examples of what is and what is not accepted
- Include specifics on sharing to social media
- Including prohibitions on discussion of pay, conditions and similar
- Include details of consequences of breach, including if appropriate disciplinary action and dismissal.
- Issue reminders to all staff before each event
2. Avoid or Limit the “Free” Bar and Free Drinks
Alcohol, especially too much of it, often plays a pivotal role in unacceptable behaviour by staff. Reducing the amount of alcohol that is consumed reduced the risk during the event and also the level of post course “hungover” absenteeism.
- Don’t offer a free bar or restrict the amount of free alcohol available
- Don’t leave bottles of wine on tables, serve by the glass
- Ensure a good range of non-alcohol drinks is available
- Don’t pressure people to consume alcohol
- Remind everyone of the relevant legislation – for example in respect of age, illegal substances, smoking, vaping, driving under the influence etc.
3. Make Attendance Voluntary
Making attendance compulsory is high risk. Forcing people to attend may breach equality laws and been seen as discriminatory. Those forced to attend may feel they have been at a disadvantage during the event – leading to discrimination claims may be based on any of the protected characteristics.
4. Discourage Follow on Activities
Staff may wish to supplement official social events, including Christmas parties with follow on activities, bars, clubs, etc. With little to no restriction in place these are higher risk activities. If the organisation is seen to endorse/support these, or if unacceptable conduct during can be attributed to the offenders more senior position; then the company could still be seen as liable. In Bellman v Northampton Recruitment – A Director assaulted an employee at a follow on drinks session and the company was held liable because the attack was seen as an abuse of position.
5. Risk Assess
As with any official activity is it important that due diligence is taken in respect of fire, health, safety and protected characteristics, for example disabled accesses and egress. Full venue risks assessments should be undertaken, recorded and appropriate information cascaded to staff before the event. Does any food provided cater for appropriate dietary needs?
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