Work Christmas Parties: Employment Law Tips for Employers

Work Christmas parties are a staple on the corporate calendar, but it is always important to remember that even though it is a Christmas party, it is also a work event. As an employer, you have a responsibility to your workers and a duty to ensure the rules are followed. Not only will this protect your workers from damaging their own reputation, but it can save you the misfortune of having your business' reputation damaged, or needing to discipline staff. Employment Laws must be taken into account when planning and communicating your office Christmas party.

 

Key takeaways:

Work Christmas parties are legally considered work events, meaning employers remain liable for staff conduct during the celebration. Carrying out risk assessments and updating policies can significantly reduce legal exposure, particularly with the preventative duty on sexual harassment which is now in place. Clear communication of company policies and an inclusive approach to planning will help ensure a safe, compliant, and enjoyable event for everyone.

 

Here, Sara Patel, Employment Law specialist at Banner Jones Solicitors, explains what employers need to do to make the party go with a swing.

 

Why Employment Law Matters at Work Christmas Parties

It is best to keep the party on the right track from the beginning, and this also means that on the day, you too get a chance to enjoy the festivities. From the outset, you and your staff need to be aware that the party is considered to be an extension of the workplace and therefore still considered ‘work’ in the eyes of the law, even if it is being held away from the usual work premises.

For you as an employer, this means you are still liable for the behaviour and conduct of your workers at the party, and you will need to handle any complaints or issues that arise from events at the party in line with company procedures.

 

Risk Management and Legal Compliance for Office Parties

Whether you decide to host the party within the office or at an external venue, you remain liable for the behaviour and conduct of your workers, as mentioned above.

Below are some things you may want to consider in order to avoid employment law claims:

Have you carried out a risk assessment for the event?

This could offer your business protection against a negligence claim. In addition, given the legal duty for employers to “take reasonable steps” to protect their workforce from sexual harassment, it is important sexual harassment is specifically dealt with in any risk assessment, as failure to do so could mean you are unlikely to meet your preventative duties.

Is your insurance up to date?

Parties can result in damage to property or personal injury cases, which an employer can be liable for. Damage to property can also result in an extra maintenance bill for the business.

Will alcohol be available?

If you are providing alcohol, particularly a free bar, have you put measures in place to prevent it from being abused, such as drink tokens or professional bartenders who can help to monitor worker’s consumption? Are there non-alcoholic drinks being provided as an alternative to ensure that everyone is catered for and not discriminated against?

 

Practical tips to make the work Christmas party a success

Being prepared and ensuring there are measures in place to protect the business and your staff is crucial. Steps you can take include the following:

• Be mindful of inclusivity - There is a possibility that not all staff will celebrate Christmas. Usually, the event is more of a general celebration that just happens at the same time of year, and even though it is unlikely a Christmas party would lead to an employment discrimination case, it is an important point to consider whether there is any discriminatory impact, particularly when mandating attendance.
• Are you providing alcohol? - If you want to provide alcohol, have a plan in place for food and non-alcoholic drinks to tackle some of the unwanted side effects of drinking.
• Have a plan for after the party. Are there safe options for workers to get home? An easy way to tackle this is to end the event before public transport closes for the night or to encourage members of staff to carpool or lift share.
• Are workers aware? - Before the party, ensure all workers are aware of the company’s policy on expected behaviours and conduct at work events. This can be a quick email which makes sure everyone is aware that company policies are applicable off-site too – after all, it is still a work event.
• Sexual Harrassment - Employers should ensure there is a specific sexual harassment policy in writing which clearly communicates the business’ zero-tolerance stance on harassment of any form, but particularly sexual harassment given the more recent changes and the preventative duty now in place on employers. Alongside this, managers should also be given adequate training about potential risks and what 'reasonable steps' could be taken to prevent sexual harassment occurring.
• Drugs and Alcohol - Ensure your drugs and alcohol policy is up to date and in place, as this will set out the business’ rules and expectations as well as the disciplinary process if these rules are breached.

 

Overall, planning and ensuring your workers are all on the same page and act responsibly, should result in a successful event, which is always good to have in the busy Christmas season and the run up to the New Year.

 

We’re Here to Help at Banner Jones

At Banner Jones Solicitors, we combine decades of experience with practical, business-focused solutions. Our Employment Law experts in Sheffield, Chesterfield and Mansfield provide tailored advice to help you stay compliant, protect your reputation, and avoid costly Employment Law claims. Whether you need policies reviewing, training, or immediate legal support, we’re here to help.

Contact us today

 

Frequently asked questions

Is a work Christmas party considered a work event legally?
Yes, even if held off-site, it should be treated as an extension of the workplace.

Can employers be liable for misconduct at the party?
Absolutely. Employers must handle complaints under their company procedures. Discuss any employment law claims with our team.

Do we need a risk assessment for an office party?
Yes, especially to address health and safety, and to assess the risk against harassment.

What policies should be updated before the party?
Sexual harassment, drugs and alcohol, disciplinary and grievance policies. Our Employment Law experts can draft these for you.

How can Banner Jones help with employment law issues?
We provide expert advice, training, and policy reviews to keep your business compliant. Contact our Employment Law experts in Sheffield, Chesterfield and Mansfield for bespoke Employment Law advice.