The office Christmas party is a festive highlight for many, however, an evening instigated by Noddy Holder’s iconic roar of “IT’S CHRISTMAS”, can often be followed the next day by an employment lawyer’s sigh of, “it’s harassment”.
The grim(gerbread) reality is that an employer is liable for the discriminatory acts of its employees which are carried out in the course of their employment. While the Yuletide glow of the bar/hotel hosting the Christmas party, or Christmas drinks down the pub, often feels far removed from the fluorescent tube lights of the open plan office, case law has long recognised that the Christmas party (and other work-related festivities) can serve as an extension of the workplace.
With that in mind, employers can quickly find themselves liable to an employee for the unwanted advances of one of their colleagues. Since October 2024, UK employers have been required to take reasonable steps to prevent sexual harassment in the course of employment, with penalties of up to 25% uplift for non-compliance. Christmas parties heighten the risk of this. Accordingly, for employers, planning ahead is essential step to keep the event merry (and legally compliant).
Policies, risk assessments and a zero tolerance approach
Reinforce a clear zero-tolerance stance from the top down so staff and guests understand expected standards, a quick pre-party reminder of expectations can go a long way. Conduct a risk assessment for party-specific scenarios such as provisions of alcohol, informal settings, and power dynamics to identify and mitigate risks. Ensure anti-harassment policies are up to date, communicated to all attendees, and include clear reporting channels.
Alcohol
With endless Prosecc-ho-ho-ho and festive beer, the Christmas party really can be the most “wine-derful” time of the year. Nevertheless, it’s no secret that excessive drinking can lead to poor decisions. Employers should consider practical steps such as limiting free alcohol, providing food, and appointing sober managers to oversee the event.
Dealing with fallout quickly
If issues arise, investigate promptly and fairly in accordance with your own internal policies and ACAS guidelines. Discounting issues of misconduct or complaints of harassment “because it’s Christmas” can lead to tribunal claims.
If in doubt, the Employment team at Thorntons Law is here to assist. Working across Scotland, we are here to help keep your Christmas party merry rather than messy. The employer who addresses the risks of the Christmas Party proactively is the one most likely to be rockin’ around the Christmas tree without a worry.
Do you need advice on employment law issues during the festive period? Contact our specialist Employment Law team now at 03330 430350.
