Top tips for navigating the workplace party
Let me start by saying this is not one of “those” articles which warns against holding workplace get togethers or Christmas parties.
First off, it is important that we celebrate success and enjoy where we work, and events such as parties or lunches are a great way to create a sense of belonging and “togetherness” which is sometimes lacking where people work in different ways. Engaging workforces is really important and holding events can help foster good workplace relationships. Also, these are a chance for managers and leaders to be less “grinch” and more “Ho, Ho, Ho,” showing their more human side. So yes, events such as Christmas lunches or evening parties have a role to play in bringing workplaces together and boosting morale.
That said, despite the goodwill, decorations and the Christmas tree, issues can arise at such events. Thinking about the possible risks, how can employers avoid a January “legal” hangover?
My top tips are:
Be inclusive
Could the business hold events at different times of the day; do they always need to be in the evening? Could the business make sure that it caters for different people’s needs (including providing non-alcoholic alternativities). Also, could it stagger an event so having maybe something after work, then a meal out? That way, people can join for as short or as long as they are able.
Limit the “booze”
Of course any serving alcohol has to be appropriate given the workplace setting, sector and time of day (thinking about people getting home and driving etc); however, many employers are choosing to limit the amount and type of alcohol served (especially if there is a free bar). They are also being very clear on when it will be served until and provide soft drinks throughout. Maybe consider serving food as well.
Don’t make attendance compulsory
Some employees will never come to a Christmas (or other) event but that is no excuse not to try and encourage them to come by making it inclusive. Whilst employers hope that employees will come and the “buzz” around the event will encourage attendance, it would be best not to make attendance a “three-line whip” (although, employers may want to encourage managers to attend). Remember those on family or other leave – this is also a nice way to keep in touch and show you are thinking of them (be sensitive of course and use your common sense).
Avoid the “after party”
We know that the question of when a workplace event stops being “work” is a grey area; however, employers can help by making it clear to everyone that once the work party ends, it ends and it will have no responsibility for any after party/event. Whilst this may not completely break the chain of events between a work and a non-sanctioned workplace event, it is evidence that that was the intention. This is particularly important for managers and senior leaders as often the presence of someone senior at a post-Christmas or other event does not help an employer’s case that it is not sanctioned by the business - no credit cards behind the bar either.
Getting home
Think about how your staff are going to get home, particularly if a venue is not near public transport or is ending late. Practical things like arranging taxis or making sure that everyone has a “going home buddy” are a good idea.
Risk assess
Remember to include events and parties (inhouse and external) within your sexual harassment risk assessments. Risk assessing should be a continuous process and is recommended as part of the reasonable steps duty introduced last year under the Worker Protection (Amendment of Equality Act 2010) Act 2023. Once the business has undertaken a risk assessment this will help inform it of additional, reasonable steps that need to be taken as part of the proactive and preventative duty. Risks should also be included within specific and targeted training programmes which we can assist with also.
Set the boundaries
No one wants to be a party-pooper, but it is important that leaders and HR explain the “rules.” For example, restate your approach to inclusiveness and avoiding harassing behaviours, enjoy but don’t over-indulge, remind staff that they are your “ambassadors” at such events. In particular, your managers should demonstrate role modelling behaviours in line with your values, policies, and rules.
“Responsible adult”
Maybe not the most popular role to have at a party, but many employers are choosing to have a manager or another responsible person at events who keeps an eye on proceedings and makes sure that everyone is having a good time. Also, is there a dedicated phone number that someone can call if they have an issue at the event? Having a helpline is great but again, is someone responding to messages etc.
The “third party” issue
Don’t forget the risks of third-party sexual harassment whether this is acts against your employees from clients or customers, or vice versa. The risk should be included within your risk assessments and reminders as to acceptable behaviours.
Keep it respectful
As the phrase goes "Never discuss politics or religion at the dinner table". I extend this advice to the workplace and also, to the act of “Secret Santa” gifting. Harassment laws under the Equality Act 2010 concern how someone felt about or responded to certain workplace jokes and “banter” (or gifts received) if it is related to a protected characteristic. Just because an employee finds something funny, does not mean another will;
Don’t over promise and underdeliver
Make sure managers do not promise pay rises or promotions in the excitement of a Christmas party they cannot deliver on, and...
Warn of the consequences
Be clear that you want staff to have a good time, but this is no excuse for forgetting that if there are breaches of conduct rules, there is the sanction of disciplinary action.
Please enjoy the festivities but for help tailoring workplace communication, drafting risk assessment, training, or advice, we are here to help your business navigate the challenges.
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Emma O'Connor
Emma is an employment law partner and is head of client training, working with clients to deliver tailored training to ensure compliance and best practices.
- Partner & Head of Client Training
- T: +44 (0)118 207 5526
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The articles published on this website, current at the date of publication, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your own circumstances should always be sought separately before taking any action.