How can we avoid, and deal with, drunkenness and other misconduct at the work Christmas party?
Many employers provide alcohol for their Christmas parties. While no employer will want to dampen the festive spirit, it is important that, before the party, staff are made aware of the standards of behaviour expected of them. Employers should have a clear and coherent policy on conduct in the workplace, which gives examples of the type of behaviour that is deemed unacceptable. They should remind employees in advance that the party is a work-based event and that they are expected to comply with the accepted standards of conduct.
It is also prudent for employers to limit the amount of alcohol available and to ensure that there is a plentiful supply of non-alcoholic drinks. This may have the effect of curbing excessive drinking and should help to avoid claims of unlawful discrimination by employees who do not consume alcohol on religious grounds. It is also a good idea for employers to make sure that there is sufficient food available at the party to try to counter the effects of alcohol.
If an employee starts to display drunken behaviour at the party, a manager or other responsible person should ask the employee to tone the behaviour down, and advise him or her that he or she could be subject to disciplinary action, particularly if the behaviour could cause offence to other party goers. If necessary, the employee should be asked to leave (with transport arranged if he or she is incapable of getting home safely). Employers can deal with drunkenness or other misconduct at the work Christmas party through the disciplinary procedure.
What should we do if employees do not turn up for work the day after our Christmas party?
If an employer's Christmas party is taking place on a "school night", the employer should consider sending an email to staff in advance, to remind them that they are expected to attend work the following day (unless they have booked annual leave) and that unauthorised absence will not be tolerated, particularly where there is reason to believe that it is due to excessive alcohol consumption.
If an employee fails to turn up for work the day after the party, his or her absence should be investigated and he or she should be required to certify the reason for the absence in the usual way. If there is no adequate explanation for the absence it may be treated as unauthorised and subject to the disciplinary process like any other unauthorised absence. Lateness can also be treated as a disciplinary offence, depending on the employer's usual requirements in relation to timekeeping.
How should we deal with employees who turn up for work under the influence of alcohol after the Christmas party or other social events?
If an employer suspects that an employee has turned up to work under the influence of alcohol it should act quickly to address the situation and to show that it is taking it seriously. The employer should hold a brief meeting with the employee to assess the seriousness of the situation and remind him or her of its position in relation to alcohol misuse and that a breach of its policy may lead to disciplinary action.
If the employee poses a health and safety risk or is incapable of carrying out his or her role, the employer should send him or her home, arranging transport if the employee is incapable of getting home safely. If necessary, the employer should also suspend the employee pending a further disciplinary investigation.
How can we reduce potential liability for harassment claims arising from our Christmas party?
While most Christmas parties will pass without incident, there is, inevitably, an increased risk of incidents of harassment, particularly where alcohol is involved and inhibitions are reduced. Under the Equality Act 2010, harassment that is related to a relevant protected characteristic (ie age, disability, gender reassignment, race, religion or belief, sex and sexual orientation) is unlawful. The Act makes clearer than was previously the case that unlawful harassment includes harassment that is related to the perception that someone has a protected characteristic (whether or not that perception is accurate) or his or her association with someone who has a relevant protected characteristic. Therefore, employers' potential liability for harassment is wide.
Although it may take place after hours, an employer's Christmas party is a work event. This means that the employer will be vicariously liable for acts of harassment by its employees unless it can show that it has taken reasonable steps to prevent them. Reasonable steps include: ensuring that there are policies and training in place aimed at preventing harassment, discrimination and bullying; ensuring that employees are aware that anti-harassment policies apply to the Christmas party; and dealing with grievances if they arise. Employers should make clear that they will not tolerate discrimination, harassment or bullying of any kind and that they will deal with offending employees under the disciplinary procedure. Employers should also stress to employees that the level of behaviour and conduct expected of them extends to their treatment of staff at the venue of the party.
It is also a good idea for employers to think about removing mistletoe from the party. Although it may seem like harmless fun at the time, having mistletoe at the party may increase the risk of sexual harassment claims.
How can we avoid general discrimination claims arising from our Christmas party?
Employers should consider in broad terms how to reduce the risk of discrimination claims arising out of the Christmas party. For example, if employees' partners are going to be invited the employer should make sure that it extends the invitation to same-sex partners to reduce the risk of claims of sexual orientation discrimination. The venue should be accessible for everyone and suitable for employees of all ages. Ideally, the party should take place at a time that is not going to disadvantage particular groups (for example, a party on a Friday night may result in discrimination against Jewish employees because their Sabbath begins on Friday night). Catering arrangements need to take account of different individual and religious dietary requirements. In a similar vein, it is important for the employer to consider whether or not the party dress code could be discriminatory or offensive to particular employees.
Are we responsible for ensuring that employees get home safely from the Christmas party?
Although employers cannot be expected to retain total responsibility for ensuring that employees get home safely from the Christmas party, they should be aware that they have a duty of care towards employees in the course of their employment and that this duty extends to events like the Christmas party. For example, an employer may be liable if an employee is involved in a drink-driving related accident on the way home from the work Christmas party. Employers also have a duty of care towards non-employees such as other road users.
By taking reasonable steps in advance of the party, employers can reduce the likelihood of employees taking undue risks on their journey home, and reduce their own risk of liability as a result. Steps that employers could take include:
- reminding employees before the party to organise their trip home (for example by checking last train times or designating a willing driver who agrees not to consume alcohol);
- hiring transport to take employees home where appropriate;
- ensuring that there are plenty of non-alcoholic drinks available and providing these to designated drivers free of charge; and/or
- providing employees with the numbers of local taxi firms prior to the party.
Most importantly of all; Have fun and be safe over your Christmas break!
