Christmas celebrations in the workplace have been very different over the past few years. Covid and lockdown have had a dramatic impact on parties and gatherings. This year, 2022, should be different, with the Office Christmas Party being set to make something of a comeback!
At the same time, office Christmas festivities can be difficult for Employers to manage and, potentially, expose the employer to a number of serious employment law risks. No one wants to be the Scrooge Employer, but work related social activities must be dealt with correctly to ensure employees both enjoy themselves and keep safe. This includes promoting compliance with workplace protocols and policies.
Even if an Employer is hosting a Christmas party away from the office and outside of the normal working hours, this will still be considered as part of normal working hours and the course of employment. This means, that the Employer will normally remain liable for any mishaps that occur during the celebrations such as harassment or bullying. This potential liability is wide-ranging. Employers may even be liable for an unofficial party involving work colleagues who are independently organised.
To ensure everyone can enjoy the festive period without January blues being worsened by a mishap surrounding the Christmas party, we have outlined a few points for Employers to consider as they approach their festive parties.
Invite all, but remember parties aren’t for everyone
Some may plan their year around the office Christmas party and others may want to avoid it at all costs – reasons can vary, some may be wary of the impact of COVID-19 and other seasonal illnesses; others may not celebrate Christmas, and, for others, they may just not want to go to a party. It is important that no one feels pressured to attend a party; no one should receive any ill-treatment or bullying for non-attendance.
On the other hand, it is important to extend the invite to all employees including those on parental leave, maternity leave, and, depending upon the circumstances, even those employees on long-term sickness, again letting them know that they are welcome to attend should they wish.
Not everyone celebrates Christmas
Despite the influx of tinsel in December, it is important to remember Christmas is a Christian holiday and, in today’s diverse workplaces, not celebrated by everyone. Employers must ensure that all religious holidays are treated with the same respect and that Employees who celebrate different religious holidays are supported and catered for throughout the year, including, for example, flexibility when Employees want time off to celebrate their religious holidays.
Safety above all else
Irrespective of whether the party takes place in-house or at an external venue, no one should feel unsafe by attending the Christmas party. Employers should ensure everyone adheres to the behaviour expected of them within the workplace and should remind Employees of this in advance of any parties and expectations of behaviour. It is worth ensuring Employees familiarise themselves with workplace policies and procedures including Disciplinary, Harassment and Bullying. An email reminding staff of what is, and is not, considered acceptable behaviour in advance of the party is a good starting point.
Stick within the limits
As is often the case, workplaces will find they have a story which circulates every year about that time someone had a little bit too much to drink at the Christmas party. Whilst this may all be in good spirits, alcohol consumption must be appropriately managed.
Inappropriate behaviour due to alcohol consumption should not be tolerated and, importantly, no one should be made to be unsafe because a colleague is under the influence of alcohol. Employers should be mindful of the level of alcohol consumption and should opt to have a couple of senior employees on standby to intervene if necessary.
It is also important to remember that not everyone drinks alcohol, and again, no one should feel pressured to consume alcohol or suffer maltreatment because they do not drink. A plentiful supply of non-alcoholic drinks should be available at events.
Employers may also want to consider arranging various means of transportation to and from parties and encourage either taxis or other transport options to be booked in advance.
Absences
Many employers find that over the festive period, the number of unauthorised absences increases following office Christmas parties or social events. To avoid anyone deciding they need a day to recover from the night before, again, Employers should remind everyone of the relevant absence reporting policies in advance.
At the same time, Employers should remain realistic if they offer a party on a work night; performance may not be as high as normal the day after!
Every workplace differs and the above are only intended to be a few key points to help ensure a safe and happy festive time! Happy Christmas everyone!
