As we start the Festive Season, and the final planning for your Christmas Party is taking place, it is worth reminding staff what is expected of them in terms of behaviour.
While things are not quite back to normal after the pandemic, and there may have to be some allowances made for the most vulnerable, Coronavirus is not an employer’s main concern now.
Even in a normal year, organisations have to lay down some ground rules, or else someone could misbehave, let themselves or the organisation down, and even lay themselves open to disciplinary action.
And, even if the pandemic feels as if it is over, you will need to do a proper risk assessment, identifying the problems, risks and the safest way to operate.
Everyone has to recognise these are still not quite normal times, and extra measures may be required:
- Anyone feeling ill should not attend
- Alcohol could be restricted or banned
- The unvaccinated could be excluded or separated
It is still work
Just because a Christmas party takes place outside of work hours, and often in rented premises, it does not mean that any misconduct falls outside of the employer’s control. In certain circumstances, even private social gatherings, if they are identifiable as members of the organisation, can fall under the employer’s rules, and the employer can even be held responsible for the (mis)conduct of their staff.
The general rule is that action can be taken against any off-duty misconduct if it is in some way damaging to the organisation’s business interests. or complaints are raised against the perceived inappropriate and/or unwelcome conduct of work colleagues (or their guests). Practically speaking, if an employer has organised a Christmas party for their employees, it is highly likely that the event will be classed as ‘work’, which means that at least a modicum of responsible behaviour will be required.
If Management are going to attend, however, it is even more legitimate to expect employees to be on their best behaviour. Such a situation means that any transgressions can be treated more harshly, simply because any inappropriate activity is likely to be more damaging to the organisation’s interests.
By far the most common misconduct issues at parties are alcohol-related. In many cases, senior Managers (and HR professionals) will simply have to accept it as highly likely that a proportion of the workforce will end up in various states of intoxication. So, discipline employees if their drunken behaviour is damaging to business interests, whether as a result of harassment or violence to a co-worker or a third party, or even simply by harming their employer’s reputation.
If the decision is taken to dismiss an employee for drunken misconduct, it should be understood that Employment Tribunals will always evaluate the situation more critically if employers or Managers have contributed to that employee’s intoxication, either by providing them with alcohol themselves, or granting them the use of a free bar.
Aside from discriminatory exclusion, you may also need to deal with harassment issues at the party itself. It goes without saying that any entertainment that could amount to harassment by a third party (a racist comedian would be the obvious example), should not be booked.
But the danger is that the relaxed nature of an office party can also lead to actual occurrences of harassment, or even violence. When investigating complaints, drunkenness or high-spirits should never be considered a sufficient excuse for inappropriate behaviour, or as evidence that the victim of alleged harassment was a willing participant.
Such matters should always be evaluated with a sober mind in the cold light of day, to ensure that they are dealt with in a fair and reasonable manner, and in full compliance with the organisation’s internal policies and procedures.
After the party
Finally, even when the party is over, there are still some important issues to consider. In arranging the event and providing the alcohol, employers will be seen to shoulder some of the responsibility for the outcome. Therefore, it may be prudent to arrange suitable transport in order to take home any revellers who might be the worse for wear, or just close to/over the legal driving limit. Responsible behaviour here could range from making sure everyone is aware of the telephone number of local taxi firms, up to going the whole hog and providing all staff members with transport on minibuses.
Of course, the fact that an intoxicated employee has managed to find their way home is no guarantee that they will turn up for work the next day. As a result, employers should always clarify when staff will be expected to arrive in the office the following morning, particularly if the party is held on a weeknight. Any unauthorised absence can then be addressed using the Attendance and Sickness Absence policy.
In summary then, if an employer wants to have a stress-free Christmas party season, they might benefit from following the steps below:
- Discuss now whether staff are still keen to party, want to defer it or celebrate another way.
- Make sure you do a proper risk assessment.
- Prior to the event, make sure that everyone is aware of how they are expected to behave, and whether or not they are expected to come into work the next day.
- During the social event itself, it can help to have a responsible Manager present to monitor staff behaviour, and perhaps have an informal chat with any party-goers who might be taking things a bit far.
- At the end of the party, consider supplying or arranging transport, particularly if the organisation has been providing free alcohol.
- When it’s all over, ensure any complaints are investigated fairly and comprehensively in accordance with relevant procedures.
The guidance provided in this article is just that – guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice.
