Employment law

News: Ways to prevent a Christmas Party ‘HR Hangover’

  • Date: 07/12/2007
  • Author/Solicitor: Nick Arron

Christmas is a catalyst to a busy New Year in employment law. There is the heady mix of rich food, alcohol and festive excitement, posh frocks at Christmas parties with secret Santa presents and novelty chocolates. This concoction can lead to a New Year HR headache, upsetting relationships within the workplace, consuming valuable time and at worst resulting in an expensive appearance at an employment tribunal.

So from us here at Poppleston Allen, here's an employment law present of tips to help prevent your Christmas work party becoming a new year HR headache.

1. Remember your responsibilities.

You have a duty to take reasonable care of your employees.

When it comes to harassment, as an employer you are responsible for the actions of your employees at Christmas parties, even when they are outside of work hours. This includes behaviour which is sexual in nature. Comments made at Christmas parties have resulted in some very high payouts at tribunal, and in any event are not good for morale.

2. Try some preventative measures.

To prevent the festivities getting out of hand and to be able to discipline employees for being too drunk or late to work the next day, you need to make it clear exactly what behaviour is acceptable and what your expectations are on work the following day, or afternoon if the party is at lunch. Some companies even go as far as a Christmas Party Policy. If you expect them to be at work at 9.00am the next day, tell them!

3. Avoid liability for harassment.

To prevent you as the employer being liable, you must take all reasonable steps to prevent it from occurring. At best this would include anti-harassment and discrimination policies which make it clear what is inappropriate behaviour, backed up with training. Warn staff of the implications of this behaviour. It is easiest to implement these within your normal training regime.

4. Take any grievances seriously. Go through the grievance and dismissal and disciplinary procedures.

5. Limit any free booze (none is best) you provide to staff and feed them well.

6. Do not let staff drive home. Put on a bus or taxis for staff to get home.

7. Try and limit your own alcoholic intake - it is possible to enter into a binding legal agreement, even when you have had a few. So avoid offering your cleaner a pay rise and promotion.

8. Finally, the only way to guarantee keeping HR headache free in the New Year is not to go to the party at all. Reports suggest that many companies no longer have Christmas parties to avoid potential tribunal claims. But this is hardly the festive spirit is it?

Happy Christmas!

For further information, please contact Nick Arron