Legal tips: Company Christmas parties

Employers can be liable for the acts of employees ‘performed in the course of employment’ which can extend to acts and indiscretions which may occur during the party.

Liability can range from employees injuring themselves or other persons or property (workers’ compensation claims or premises liability) to an intoxicated employee leaving the office party and causing a car accident in which injuries occur. Employers may also face liability for sexual harassment if an employee has one brandy too many and acts inappropriately with a colleague.

It is, therefore, important to limit any potential liability and show that you have taken reasonable steps to prevent such acts and indiscretions.  With this in mind, our friends at Nelsons Solicitors in Nottingham — specialists in employment law — have worked with us to produce a party check list.

■ You owe your employees a ‘duty of care’ and should give some thought to ensuring they get home safely, especially if you will be providing alcohol. Consider checking whether they have a designated driver; arrange transportation; check they are not walking home alone late at night intoxicated. Keep an eye out for anyone who becomes intoxicated and make sure they get home safely and well. Make it clear to your employees that if they are drinking that you expect them to observe the law regarding drink driving.

■ Consider placing a limit on the amount of free alcohol. And, consider providing food.

■ Tell your staff what standards you expect. Their behaviour will reflect upon the business. You may already have company policies setting out standards of behaviour which include social events. If you haven’t, you could send a memo and include the steps you are taking to ensure the party, and they, are safe. Make it clear, but keep it light. After all, it is a party!

■ Appoint responsible monitors/supervisors.

■ Cater for all people of different religions and cultures, offer non-alcoholic drinks as well as alcoholic drinks. Invite all employees but emphasise that attendance is voluntary.

■ If the party is at the business premises, or other workplace then employers should prohibit misuse of company property. I bet you can think of the obvious! You may even wish to prohibit use of certain areas. 

■ If you get a complaint then take it seriously and deal with it fairly. Follow your internal disciplinary and grievance procedures. If you do not have any, then follow the ACAS Code of Practice on Disciplinary and Grievance​. Failure to do so could amount to a breach of mutual trust and confidence and provide the basis for a constructive unfair dismissal claim and further discrimination.

So, the message is to plan and keep records of the steps you have taken — but most of all have fun… safely!