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• Xmas Excess - Flirting, Fighting and Overindulgence!

Introduction

Christmas is traditionally a time to eat, drink and be merry, but with nine out of ten employers vetoing their Christmas parties last year, the season of goodwill appears to have been cancelled.

Traditionally, poor productivity was the main concern for employers in the count down to Christmas, but when you consider employee absence due to overindulgence, inappropriate behaviour, and the risk of discrimination and harassment claims following the Christmas party, employers should consider taking steps to minimise the legal implications of having the annual festive celebration, warns West Country solicitors Ashfords.

"People tend to let their hair down and maybe have too much to drink which can affect judgement, so it is hardly surprising the office party can be a minefield for employers," says Charles Pallot, Head of Employment at Ashfords Solicitors.

"Employers will normally be responsible for the actions of their staff at the office party, even if it takes place away from the normal workplace and after hours, so there are implications if employees behave badly to each other.

"With the wealth of discrimination law protecting employees from harassment on the grounds of sex, race, disability, sexual orientation, religion or belief and age, employers could find themselves vulnerable to liability."

However, cancelling celebrations can be a blow to staff morale. There are ways employers can limit their exposure, meaning both employers and employees are able to enjoy the office party. Charles says the secret to coping with unsavoury traditions is good preparation, and employers would be wise to consider the following tips:

• Make sure you have up to date Equal Opportunities and Harassment Policies in place and that staff and managers are trained on these policies.
• If complaints are made following the party, be sure to take these seriously.
• Consider the inclusion of a "Christmas Party Policy" in the handbook or issue reminders to staff before the party.  In particular, staff should be reminded that underage drinking will not be condoned.
• Consider inviting spouses and partners to the event, to avoid employees getting out of control with colleagues.
• Make sure any events or activities planned will be suitable for everyone. 
• Limit the amount of free alcohol available, and arrange for food to be served early.
• Bosses and managers should steer clear of conversations about promotion, salary and career prospects at the office party.
• If employees are going to be drinking alcohol, consider arranging transport home.
• If the party is mid-week and staff are expected to be at work the next day, ensure that all staff know disciplinary action could be taken if they fail to turn up due to overindulgence.

Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.