Beware, beware the Christmas fayre!

Ah the old Christmas Party! It’s that time again! For a decade or two this event has been dreaded by HR and People Managers everywhere.  It’s a pity because it should be a significant event for team morale and team building, but all too often it ends up a problem. Employment lawyer, Kate Lawson, director of Element Law, outlines how to make sure your office party is one to remember for all the right reasons.  

What counts as a ‘work social event’ under employment law?   

Under employment law, the responsibilities of employers don’t stop with the all-staff party or other employer-organised events.  The risk is also in relation to “after parties”, informal after-work gatherings and of course client, customer or supplier events which your employees may attend.  These are all likely to be events related to their employment with you, their employer. 

What are the key legal responsibilities of employers when it comes to office parties?   

The mix of colleagues, alcohol, jokes and relaxation can bump up against employer liability and duties in relation to harassment (sex, sexual, race and other forms), bullying, health, safety, and trust and confidence. 

The introduction of the duty on employers to take reasonable steps to prevent the sexual harassment of their employees in the course of their employment in October 2024 is the most recent, significant legislation to cause concern in relation to the festive season.  It can be expensive to ignore this duty as breach of this prevention obligation can result in a 25% increase to any award for sexual harassment, which can include an award for injury to feelings of between £1,200 and £60,000.   

What should employers do to prevent sexual harassment of employees at office parties?   

To assist employers to prepare for the festive season following the introduction of this law, the Equality and Human Rights Commission (EHRC) published the following short guidance in December 2024 identifying the three steps employers should take going into the Christmas party season: 

Think ahead to prevent problems: Think about the risks that could arise at social events: 

• Alcohol: Alcohol lowers inhibitions and can lead to inappropriate behaviour. Consider what limits you can put in place. 

• Overnight stays and travel: For events involving travel or an overnight stay, ensure accommodations is safe and appropriate. Make clear that the same standards of behaviour apply at all times, not just during the event itself. 

• Power imbalances: Are senior staff mingling with junior colleagues? Is there a predominantly male workforce? Make sure all employees know the behaviour expected of them.  

Set expectations early and remind employees of company policies 

• Ahead of social events, ensure employees know what sexual harassment in the workplace looks like  

• Remind staff what to do if they witness or experience sexual harassment 

• Make sure staff know how to challenge and report any instances 

• Remind staff of the standard of behaviour that is expected of them, whether you have arranged the event or if it’s an informal social get-together 

Consider the risk of third-party harassment 

• Employers must take steps to protect their staff from harassment by customers, members of the public or other third parties. While party plans are being developed, consider if there are risks of sexual harassment from individuals outside of your organisation, for example if you hold your office party at a venue which has multiple corporate events taking place at the same time.  

• Awareness of these risks may help you to decide on safer locations, activities or other aspects of the event which help to protect staff.  

• Communicate your organisation’s expected standards of behaviour to relevant third parties. 

How can risk assessments minimise the risk of sexual harassment at office parties?   

The EHRC’s eight-step guide on preventing sexual harassment is now also vital reading for all employers. The EHRC considers an employer is unlikely to be able to comply with the preventative duty in relation to sexual harassment in the workplace unless it carries out a risk assessment. This requires that employers anticipate scenarios when their staff may be at risk of sexual harassment in the course of their employment and take action to prevent it taking place.  This is a key step in relation to parties.  For example, a highlighted risk may be use of alcohol.  An action to manage this risk may be appointing a “sober chaperone”, an employee who refrains from alcohol to ensure that employees behave responsibly and get home safely. 

What other risks around office parties do employers need to be aware of?   

Of course, it is also not only about identifying and reducing legal risk. In a world of social media, and heightened awareness following the #metoo and other campaigns, as well as the prosecution of many celebrities, reputational risk around difficult and concerning occurrences at work parties is also very real. 

Perhaps most significantly, employers need to remember the impact these events can have on individuals, as well as on team relations and workplace morale. I have seen too many formerly happy teams torn apart by an incident between colleagues at a Christmas party involving alcohol-fuelled harassment or arguments. 

[subheading] What alternatives to office parties can help reduce the risks for employers?   

Growing concern over potential legal and reputational fall-out from workplace festivities during the Christmas period has made alternative arrangements aimed at minimising risk increasingly popular. These include alcohol-free or lunchtime events or active team-building experiences such as employee wellness days, in place of a traditional party.  However, it is unlikely all Christmas parties can be avoided, with clients or suppliers potentially inviting your employees to festive events. 

It’s all about balance.  Keep calm.  Do the required risk assessments. Set up safety frameworks.  Tailor events sensibly to the risk.  Be very clear in advance with employees, clients, customers and suppliers around what your organisation considers is and is not acceptable at social events. Publicise an open door for those with any questions or concerns before and after these events to discuss with you.  Ensure you have a clear complaints procedure in place.  And have some good, clean, risk-free fun. 

MEET THE EXPERT  

The director of Element Law, Kate Lawson is a specialist employment law and HR solicitor for businesses and employees across the country. She also provides bespoke HR Training and Mediation Services.