
Gareth Walls is a Partner and Head of the A&L Goodbody's Employment group in Belfast. Gareth represents a number of local, national and international brands in business support, strategic workforce planning and high-profile tribunal matters. He also has significant experience advising stakeholders on complex redundancy, re-structuring and TUPE issues. Gareth is an accomplished commercial litigator with particular emphasis on procurement challenges and injunctive relief in the Employment context, as well as being a sought-after speaker on Employment issues in Northern Ireland.
A&L Goodbody outline the practical steps to reduce risk at Work Christmas Parties / Social Events.
No one wants to be ‘bah humbug’ about the approaching festivities and party season but then neither does any organisation (or individual!)– want to be on the receiving end of a claim arising from events at or following a work-related party. We know there are 12 days of Christmas, so here are our ‘12 tips for Christmas’ parties:
1. Ensure all your policies are up to date
With particular focus on discrimination, bullying, harassment, workplace behaviour, alcohol and drug use, and social media policies. Circulate these in advance of the party to ensure all staff know that behaviour at such events is covered by the policies.
2. Issue guidelines on how to behave
You need to clarify what type of behaviour is unacceptable, such as fighting, harassment, drinking to excess or drug use. Employees should be made aware that the party is technically a work activity and, as such, employees are still representing the business, and normal disciplinary procedures will still apply if behaviour gets out of hand. Discourage all attendees from posting any photos, comments and posts on social media which could cause embarrassment or upset to others, or damage to the company.
3. Timings
Let your employees know the start and finish times of the work party. Communicate that any festivities continuing after the ‘party’ conclusion time are not endorsed by the employer and are on the employees’ own time.
4. Limit the Christmas spirit
While alcohol is usually the norm at parties, have non-alcoholic drinks available too. If you’ve chosen to supply alcohol at your party, consider giving employees a limited number of ‘free drinks’ tickets.
5. Tasty snacks
Consider providing food so to encourage more sensible drinking and to ensure that those who do not drink for personal or religious reasons do not feel excluded. Ensure that you provide meat free alternatives for vegetarians and those who do not eat meat for religious reasons.
6. Bin the mistletoe
The Christmas party can be a combination of drink and lowered inhibitions, the perfect environment for a festive fling. A brief encounter under the mistletoe can cause embarrassment at work the day after, or worse still, leave you with allegations of sexual harassment to deal with.
7. Identify potential hazards
It’s a work-related activity, so you should carry out a risk assessment of the venue to identify potential hazards. When you do this remember to take into account of i) the potential for slips and trips due to party footwear and intake of alcohol; ii) the safety of people going home after the event; and iii) any potential conflict between employees so that table plans can be organised accordingly. Also check your insurance covers Christmas party activities.
8. Beware of drink driving
Include advice in your behaviour guidelines about not driving after consuming alcohol. Consider ending the party before public transport stops, ensuring local taxi firm numbers are available to all employees or providing transportation for employees after the party ends. Providing transportation is not obligatory for employers but can be a very effective risk minimisation measure.
9. Expect less the morning after
A contract exists between the employee and employer that they will be in a fit state to carry out the work they are being paid to do. Decide how lenient you will be towards staff coming to work the worse the wear for drink, arriving late, or even not at all, the day after the party and make sure your employees know this before the party. The safety of employees is paramount, especially if they need to drive or operate machinery and are not fully sober.
10. Enjoy the craic?
Consider any entertainment booked to ensure it is suitable and does not contain any potentially offensive or discriminatory material.
11. Secret Santa’s stocking?
Set out what an acceptable gift is and what it is not acceptable. Tongue-in-cheek gifts such as a bottle of hair dye, a condom or lingerie could provide grounds for claims for harassment or sexual/ religious discrimination if an employee found the gift offensive and wished to pursue a claim.
12. Inviting husbands, wives... and life-partners?
If you’re going to invite employees’ partners to your party make sure that you don’t restrict this to husbands and wives. Extend the invitation to partners of the opposite and same sex, to avoid potential sexual orientation discrimination claims.
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