After the Christmas party – is your business on the right side of the law?
The party’s over, but are you still be cleaning up the mess because of bad behaviour? In this article, we look at where businesses stand legally after Christmas party misdemeanours.
Christmas party season is over. For most companies, the night will have gone off without a hitch. However, some will be dealing with the aftermath for months to come. If your Christmas party got out of hand, you might be worried about employees initiating legal proceedings against you. Perhaps you’re wondering where you stand? In this article, we’ll try and help you.
What went wrong?
You would be surprised what can go wrong at a work Christmas party. Sadly, most of it is alcohol-fuelled.
The traditional kiss under the mistletoe may be a bit of fun to some, but to others, it may be inappropriate behaviour. If it happens at your company party, you could be open to harassment claims.
Unfortunately, not all colleagues are best friends. Workplaces can be emotional, with feuds, rivalries and general dislike bubbling under the surface. When you add alcohol at the Christmas party, this sometimes results in fights and other examples of violent behaviour.
Some of your team may not celebrate Christmas for religious reasons, or disabilities may stop them from attending the venue you have chosen. This could lead to claims of discrimination.
Even after the party has finished, you could still be open to legal disputes. Employees may choose to drive home despite being over the drink-drive limit. Incriminating photos and videos may turn up on social media. Both of these may leave you on shaky legal ground, if you don’t take precautions.
Where do you stand?
The essential thing to remember is that your company party is an extension of your workplace, whether you hold it in your office or offsite. Your employees need to know that they still have to abide by the rules of the workplace. They are representing your company and need to act in a reasonable manner at all times.
If they break your company policies at the Christmas party, you can initiate disciplinary procedures in the same way you would if they broke the rules in your company canteen.
On the other hand, because the work Christmas party is an extension of the workplace, you still have a duty of care to your employees. You can be challenged legally if you neglect that duty. This is where the waters can sometimes be muddied.
Did you act accordingly?
Employees may have a case against you if they can prove you did not act in accordance with your duty of care. Here are some questions you can ask yourself to get an idea of where you stand.
Did I remind my employees of their responsibilities? – Although your staff should know your company policies and that they are still enforceable at the Christmas party, if you reminded them before the event about inappropriate behaviour, you could be on steadier legal ground.
How much alcohol did I give my employees? – If you provided unlimited free alcohol all night for your team, you maximise the chances of the party getting out of hand. If you limited the number of free drinks, while providing soft drinks and plentiful amounts of food, you can say you tried to restrict the effects of alcohol.
How did I act personally? – As a company leader, you are under the microscope more than anyone else. Did you behave yourself? Remember that something you may have thought was a joke could easily be misconstrued.
Find out more
Even if your party was a great success, you should bear all of these points in mind for next year. Take all necessary precautions; remind your employees of your policies, make sure you take all the appropriate steps around social media and inclusivity, think about ordering transport home for your staff.
If you’re worried about legal claims arising from your Christmas party and want to know more about how to deal with them, Couchman Hanson is here to help.
At Couchman Hanson, our solicitors genuinely care about getting the best deal for you. We’re highly professional, with ‘city’ level talent and experience, but also friendly and welcoming. Everything we do fits our values of integrity, honesty and authenticity.
If you would like to find out more, call Couchman Hanson on 01428 722189.