Avoiding Christmas party mishaps

Christmas parties can be a legal minefield for employers, with some managers even ditching the Christmas bash altogether because of worries about staff behaviour. Tom Whitney looks at how to protect yourself without dampening your employees' festive cheer
By law, businesses can be held responsible for their employees' behaviour - even at a work event outside normal working hours. For example, if an employee behaves badly towards another worker - such as making racist remarks or lunging at a staff member - you could be liable for injuries caused. Unless you have policies and procedures in place which cover discipline and grievance, bullying and harassment, and discrimination, you could find yourself at an employment tribunal facing unlimited compensation claims.

The best way to avoid legal problems is to set out clear written rules ahead of any events, so you can demonstrate you have taken steps to prevent any wrongdoing.

You should also carry out a risk assessment to identify any potential hazards. This might involve inspecting the venue to plan for drunken slips and trips; considering the safety of people going home after the event; and even identifying any potential conflict between employees so that table plans can be organised accordingly.

Put guidelines in place

"Remind employees of how they are expected to behave, that they should treat each other with respect and not consume too much alcohol," advises Paul Johnstone, employment partner at law firm Robert Muckle. "It's also a good idea to warn staff that misbehaviour at a work party is a disciplinary offence."

Set a 'party policy'. This might be as simple as issuing behavioural guides and displaying them on a notice board.

Discrimination and harassment on the basis of race, sex, disability, sexual orientation, religion or belief, is illegal. "Warn staff that discrimination and harassment will not be tolerated," says Croner Consulting's employment services director, Richard Smith.

"Employees should understand that, as the party is technically a work activity, normal disciplinary procedures will apply," continues Smith. "Inform staff that alcohol will not be considered as an excuse for inappropriate conduct."

At the party

Avoid discussing promotion, career prospects or salaries with employees who may use the convivial situation to discuss matters that are more suited to a formal appraisal or private meeting. Advise your managers to do the same. "If you are supplying the alcohol, or encouraging its consumption, you may be legally responsible for the welfare of employees if they suffer from drink-induced disasters - even if they occur outside the party itself," warns Smith. "Limit the number of free drinks and be prepared to ask individuals to take it easy if they appear the worse for wear."

Ensure transport is available after the party and that nobody drink-drives. Consider hiring a minibus for the end of the night, or providing the numbers of local taxi firms to demonstrate that reasonable steps have been taken to minimise the risk.

The morning after

Inform staff of how lenient you will be if they come into work with a hangover, arrive late or fail to turn up. You also need to bear in mind staff may not be fully sober the next day. If there is a safety risk, give them alternative work until they are fit to resume their normal tasks.