The hidden hazards of work parties: Navigating the merry minefield

Many employers will have held their annual Christmas party by now, an event that often embodies both celebration and potential pitfalls for Human Resources departments.  

While these gatherings and other parties and gatherings throughout the year are a time for team bonding, they can also open the door to a range of HR issues, particularly around misconduct and inclusivity. 

Workplace extension: Understanding employer liability 

A crucial aspect for employers to remember is that a Christmas party or any social work function, even if held off-site, is considered an extension of the workplace.  

This means any misconduct during these events falls under ‘in the course of employment’. Inappropriate behaviour at work parties can trigger grievances, disciplinary actions, and even lead to claims of discrimination or harassment.  

In such scenarios, employers may find themselves vicariously liable for the actions of their employees so it is important to take matters seriously, while still maintaining the feeling of fun at work events.  

Setting expectations: Striking a balance 

It’s essential for employers to communicate clearly about expected behaviour at these events, balancing festive spirit with professional conduct.  

A gentle reminder that misconduct could lead to disciplinary actions or dismissal, depending on the severity, can be an effective deterrent. 

Alcohol, inclusivity, and the role of a sober champion 

Often, alcohol is central to parties, which can inadvertently exclude certain groups, such as those who don’t drink due to religious beliefs, pregnancy, or personal choice.  

Employers must strive for inclusivity, ensuring everyone feels welcome. This extends to the choice of venue and catering, which should be accessible and accommodating to all, including employees absent from the office due to leave. 

Appointing a ‘sober champion’, preferably a senior team member, to oversee the party can mitigate risks.  

This individual can monitor for potential issues and address them promptly, maintaining a safe and inclusive environment. 

The perils of discrimination and harassment 

A significant risk during these social events is the emergence of discrimination and harassment claims.  

What may start as ‘harmless banter’ can quickly escalate, especially with alcohol and relaxed settings.  

Employers must treat any complaints with seriousness, adhering to strict procedures and conducting thorough investigations. Ignoring such issues can lead to financial penalties and reputational damage. 

A balancing act for employers 

Any work function or party presents a challenging balancing act for employers. While they aim to reward staff and foster team spirit, they must also remain vigilant to their obligations.  

The goal is to ensure that events are a source of positive memories, not a prelude to employment-related disputes.  

With careful planning, clear communication and mindful execution, employers can navigate this merry minefield. 

If you would like any advice on employment issues related to events, please speak to our dedicated team today.