December 3, 2024
Here are our top tips for employers on ensuring a joyful work Christmas party, without the legal hangovers.
The most obvious and sometimes overlooked tip is to invite everyone, no exceptions. Do not assume employees do not want to attend based on whether they celebrate Christmas, drink alcohol, or based on whether you think they’ll have some moves for the dance floor. Do not exclude part-time workers, remote workers, or individuals on various types of leave.
The Christmas party can serve as a great opportunity for individuals on maternity or parental leave to keep in touch with the workforce. Be clear on whether the invite list is exclusive to staff or whether you are also inviting employees’ partners, spouses, etc.
Ensure your employees are aware of what’s expected of them at the event. What constitutes acceptable and unacceptable behaviour. Remind them of your code of conduct, disciplinary policies and procedures, as well as your grievance procedures for when things go wrong. It’s far cheaper to manage an internal grievance than an Employment Tribunal claim.
Employers have been busy in 2024 putting in place measures to comply with their new duty to prevent sexual harassment. This duty extends from both the work place to Christmas functions. Check out our article on the topic for what steps you can take to ensure your organisation is ready to comply with this duty.
Ensuring your employees understand what constitutes unacceptable behaviour, what workplace boundaries they are expected to respect, and what the consequences of misbehaviour are will encourage them to ensure the celebrations do not get out of hand, and if they do, then no one is surprised by the processes and sanctions that follow.
It is unlikely a request for your employees to abstain from drinking or to practice teetotalism will bring Christmas cheer. So, to mitigate the inevitable risk that arises from the festivities, ensure that your employees understand the expectations around their conduct do not fall away after some eggnog and encourage them to drink responsibly. Similarly, you must ensure you cater for employees that do not drink or eat certain foods. Ensuring the venue of choice for your team meal has a range of options for vegetarians, vegans, and those that eat Halal or Kosher foods will help you comply with your obligations under the Equality Act 2010. No employee should feel left out from the festivities because of the business’ choice of venue and menu.
Social media has increased the risk of reputational damage from Christmas parties, with incidents that would have otherwise remained part of office gossip and eventually tales of caution for new starters, now capturing national headlines thanks to viral footage on social media platforms. These incidents are then sometimes picked up by local and national newspapers in sensational headlines that can damage brands and ruin well-built reputations. To avoid the inevitable reputational risk such incidents pose to your business, and to your employees, we advise that you ensure you have in place clear social media policies and that this is communicated to employees in advance.
Remind your employees about expectations around posting footage of employees and the Christmas party on social media.
Your business may have policies and procedures in place that grant additional leave for Christmas or over the Christmas period. Most employment contracts will inevitably grant leave on public and bank holidays, such as Boxing Day and New Year’s Day. Consider whether your employees would prefer to use that time off for other religious holidays.
Some employers permit their employees to use their bank holiday allowance for other days in the year to allow observance of other religious holidays. Other employers that offer additional leave on an ad-hoc basis between the Christmas and New Year period will allow employees to use that leave for their own religious festivals instead. You will naturally need to consider whether such an offering will work with your business needs and customer/client demands.
Your managers and HR teams may be tempted to discuss work, performance, and pay. Employees may themselves bring up the topics as conversations naturally shift during the course of the evening. There’s a time and place for discussions regarding pay, performance, and promotions.
Consider issuing specific guidance to your managers and HR staff to avoid such discussions at the Christmas party. The topics are generally sensitive, attract controversy and heated opinion, as well as give rise to resentment and conflict in the workplace.
At Darwin Gray, we offer bespoke training sessions for HR and managerial staff on topics such as the employment law implications of Christmas parties.
We also review and draft policies around alcohol, social media, disciplinaries, and grievances. Do get in touch if you think your workforce would benefit from a bespoke session, or if you require any assistance with a disciplinary process that has arisen from your Christmas party.
For more information, contact our employment solicitor Ramyar Hassan on rhassan@darwingray.com or 02920 829 113.
