The 12 Employment Law Questions of Christmas: Day 2 

November, 2022 - Shoosmiths LLP

On the second day of Christmas, HR was asked “How do you keep control at the Christmas party?”

And HR replied...by setting clear boundaries!

Christmas parties are designed to be fun, but a few festive drinks can quickly get out of hand if not managed correctly. A sobering thought is that employers can be vicariously liable for the action of employees during work events such as Christmas parties.

So, what steps should employers take?

Risk assessments are a pre-party essential. Although admittedly not the most exciting element of the party planning, identifying risks and implementing appropriate measures can greatly reduce accidents and the costs associated with them. 

Limiting numbers to employees only (no plus ones) can help control capacity. Issue employees with tickets and implement a ‘no-ticket-no-entry’ policy or operate a guestlist to safeguard against rogue admissions.

Consider transport. To ensure employees get home safely, remind them to arrange for a friend or relative to pick them up. Alternatively, and if budget allows, arrange for coaches to transport employees to the nearest towns to facilitate travel or subsidise overnight accommodation at a nearby hotel. Regardless of the chosen route, it is worth implementing a strict no drinking and driving policy and highlighting the consequences of not following it.

Set limits on alcohol. Employers should not only cater for those that don’t drink, but also encourage responsible consumption. The much coveted ‘open-bar’ might seem an attractive proposition to employees, but it will likely be regretted by employers. Costs aside, it can send the wrong message to employees and encourage excessive drinking having a knock-on effect on both behaviour and attendance the next day. Employers may therefore want to restrict the number of free drinks and operate a drinks token policy or some allotted time, ‘happy hour’-style.

Most importantly, employers should clearly define their overall expectations on behaviour from the outset. Explain to employees that whilst the party is to be enjoyed, it is a work event and employees should behave accordingly. Warn that any instances of misconduct during the party will not be tolerated and will result in disciplinary action. Draw attention to relevant policies such as bullying and harassment, drug and alcohol and the social media policy – employees will likely need a refresh as they probably don’t read these very often so it’s worth highlighting their importance.

 



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