The annual Christmas Party is usually a night for celebration and fun for employer and employee alike. However, the relaxed environment and consumption of alcohol can leave employers with a headache from more than just egg nogg.
As most employers across Northern Ireland begin preparations for their annual Christmas party, it is essential to outline, in advance, the risks of the Christmas party and the requirement of an up-to-date company handbook.
The main area of risk for employers when it comes to Christmas parties, is workplace harassment. Workplace harassment is any form of offensive, oppressive or intimidatory behaviour in the workplace, as defined by both legislation and case law. Notably workplace events like Christmas parties are still counted as part of the workplace, despite their more relaxed nature. Harassment by an employee often results in a claim against the employer due to vicarious liability. The employer owes a duty of care to all employees, even at the Christmas party.
Vicarious liability is a legal concept which means an employer is liable for the actions of an employee. This places a responsibility on employers to take pre-emptive steps to prevent harassment by employees.
Whilst no one wants to over police the Christmas do, employers can follow the below advice to mitigate their risk
- Define proper conduct – Ensure all staff remember that whilst this is a chance to have fun, rules about employee conduct at the workplace still apply. Ensure all staff have an up-to-date copy of the staff handbook which contains policies and procedures regarding workplace harassment.
- Duty to prevent harassment – Always ensure that staff are aware of what constitutes harassment. A clear disciplinary procedure should be outlined in the company handbook, alongside the potential consequences for a breach of company policy.
- Remind staff of the social media policy – Ensure all staff avoid posting any compromising or inappropriate content and are aware of your social media policies. Be conscious of any company branded back drops as these may appear on social media.
- Keep an eye on junior staff – employers should be aware that facilitating underage drinking is a serious offence.
- Limit alcohol consumption – excessive drinking and careful adherence to rules rarely go hand in hand. Avoid open bars. If a staff member is behaving inappropriately due to alcohol intoxication, speak with them privately and advise them to leave, ensuring they have a safe route home.
- Finally, leave the mistletoe behind.
If you are an employer dealing with any employment concerns in advance of the annual Christmas party or otherwise, O’Reilly Stewart Solicitors may be able to assist.
O’Reilly Stewart’s Chambers-ranked Employment Team can assist with employment claims, pre-emptive guidance, contract / handbook reviews and training. Led by Employment Director, Seamus McGranaghan, the Employment Team understands the issues faced by employers in advance of Christmas and throughout the rest of the year. Contact 02890321000 or info@oreillystewart.com for expert advice and guidance.