Love it or hate it; it’s hard to escape it.  It’s Christmas party season.

You appreciate all the work your employees have done throughout the year, you understand that organising a fun festive bash is all part of keeping up staff morale, and you intend to throw a real smasher.

You decide on a fantastic venue, you choose a date, you book entertainment and you even dig out your Santa suit.  You are acing this Christmas party caper!

What else need you do?

Remember that you could be found liable or vicariously liable if anything goes wrong, so…

  • Make sure your workplace policies are available for staff, remind them of these policies, and that they still apply at the party.  These should cover sexual harassment, social media use, discrimination and possibly workplace romances.
  • Consider transport: ensure that sufficient taxis are arranged for employees and/or encourage them to use public transport to get home at the end of the night.  You could be held responsible if an employee drinks and drives after the party.
  • Ensure that the party venue is accessible for any staff members with disabilities.
  • Check beforehand that people with dietary requirements are catered for.
  • Make sure there is easy access to non-alcoholic drinks and be prepared to encourage anyone drinking a little too much alcohol to move onto a virgin cocktail or two!  Regulated or professional persons should remember that their regulator may take disciplinary action if they act inappropriately.
  • Decide on a policy for the morning after, if you have organised your party midweek.  How strict or lenient will you be on staff members who don’t show up to work the next morning or arrive late looking green?  (Tip: don’t have a party midweek!)
  • Refrain from making drunken promises to your employees.  Generally, a promise of a pay rise or promotion in these circumstances may not be enforceable, but it certainly isn’t going to encourage good working relationships if you promise the world and later renege. In the convivial atmosphere of an office party it might be better to talk in vague, non-specific terms and confirm your true intentions soon after in writing.  When you’re sober!
  • Do remember not everyone celebrates Christmas. If a staff member doesn’t celebrate ensure they don’t feel excluded.

However, the good news is that if people move on to another bar for an unplanned after party then you will probably not be liable if things then get out of hand, even if the firm is still paying for the drinks or it is work related.  In one case, a director punched an employee twice after an alcohol binge led to a disagreement about a work matter at 2 in the morning but the firm escaped vicarious liability.

Plan well, have a great time and avoid the hideous hangover of litigation.

If you need advice on an aspect of employment law do contact us and one of our employment law experts can assist.

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