Employment law expert, Caroline Harper offers some sobering advice to employers ahead of the festive fun at the office Christmas party.

With the festive season is upon us, many of you will either be preparing for your work party, or already had it. If so, hopefully it went smoothly.

Without wishing to be a killjoy, employers should be aware of some potential pitfalls when it comes to office parties.

Employers are liable for the actions of their employees ‘during the course of their employment’.

Case law has shown that conduct at Christmas/works parties can be found to be ‘during the course of employment’. Which means that you could find yourself defending a harassment claim, which could potentially attract an award of unlimited damages.

Parties can be a great opportunity for colleagues to socialise, and for you, as their employer to show your gratitude for their hard work throughout the year. 

When organising your work party, there are a number of things to keep in mind to avoid action against you:

1.    Check facilities for any disabled employees

2.    Ensure that employees on Maternity/Paternity Leave receive an invitation

3.    If providing food, check that there will be choices available for people with religious beliefs.

4.    If you are extending invitations to partners, ensure the same is offered to those in same sex relationships.

5.    Ensure, where it is practicable, that employees get home safely.

6.    Limit the amount of free alcoholic drinks.

It is not all doom and gloom. If you do find yourself defending a claim at Tribunal, you will have a successful defence if you can show that you took all reasonable steps to prevent discrimination from occurring, and in the event that you do receive a complaint, that you did everything reasonable practicable to put things right. 

Prevention is far better than cure, so hopefully by following these simple tips it will be possible to avoid any unnecessary and complicated employee issues.

If you need a review of your HR policies and procedures, the run up to Christmas could be the ideal time to review. If, in the event that you have already received a complaint, seek expert advice for assistance in resolving any employment issues before they become too costly.