Whilst everyone spends December preparing for their Christmas Party, The Helens start preparing for the fall out.

(We haven’t had a Christmas party since the ‘unpleasantness’ back in 2018 – the less said about that the better, but let’s just say Florence the Office Dog hasn’t been allowed near a Christmas tree since).  

No-one wants to be That Person, but employers need to be aware of the risks involved with work Christmas parties. 

The Risks 

Since October 26, 2024, the Equality and Human Rights Commission (EHRC) requires employers to take specific action to prevent sexual harassment in the workplace.

The Equality Act 2010 makes employers liable for acts of discrimination, harassment and victimisation carried out by their employees in the course of employment unless they can show that they took reasonable steps to prevent such acts.

Can you discipline an employee for misconduct that took place after the Christmas party? 

It’s usually safe to assume behaviour at a social event arranged and subsidised by the business will be considered work-related. However, areas of uncertainty may arise where employees arrange their own celebrations or ‘move on’ from the ‘official’ Christmas party to another venue. 

So, how do you minimize the risks? 

Consider introducing a Work-Related Social Events Policy. 

This may include alcohol use; not drinking and driving; not tolerating improper conduct and unacceptable behaviour; and not tolerating employees bringing the firm’s name into disrepute. Issue a statement to employees in advance of the party setting out the standards of acceptable behaviour and reminding them of your Work-Related Social Events Policy if you have one. If there are allegations of misconduct, always investigate and follow your disciplinary procedure. 

P.S. The attached photo is in memory of Monty the Office Dog who, although greatly missed, was undoubtedly the ringleader in any Christmas Party drama.    

For more advice, get in touch – thehelens@complexhr.co.uk