Managing Christmas party misconduct

It is no surprise that many workers look forward to their annual Christmas parties. It is a time to celebrate, eat, drink and party.

However, it is important to remember that employment law issues may arise, especially where workers are under the influence of alcohol.

Christmas parties and work events are extensions of the ‘workplace’, meaning employers can be found vicariously liable for the actions of employees even if they are held away from work premises.

Common concerns at Christmas parties include employees becoming abusive, aggressive or violent towards their colleagues or even members of the public after too much to drink. In some scenarios, it can also result in sexual misconduct.

Whether or not employers are at risk of being liable for such behaviour depends on how closely linked the behaviour is to the work – the key question is whether the conduct could be said to have occurred in the course of employment. An act doesn’t need to be authorised by the employer for them to be liable and tribunals have frequently interpreted this widely to include a whole range of behaviour, up to and including criminal acts.

A ruling earlier this year found an employer had failed to implement any appropriate policies or guidelines for standards of behaviour, or the consumption of alcohol, for their employees. The employer was therefore found liable for the sexual harassment of one of its employees at its Christmas party.

Employers have a responsibility to ensure the wellbeing of their employees, and therefore need to consider when planning events whether it is likely to lead to the kind of behaviour that might result in a grievance or police complaint. Options for employers to mitigate risk of misconduct at work events;

• Ensure employees are reminded of workplace policies and expectations, and that these continue to apply to work parties and events.
• Ensure that policies on Harassment, Bullying, and Discrimination are up to date and that all updates are signposted to staff.
• Appointing ‘responsible individuals’ at work events to supervise staff and step in when any inappropriate or dangerous behaviour occurs may help to prevent injuries and reduce the likelihood of staff drinking to excess.

Remember also that the Worker Protection (Amendment of Equality Act 2010) Act 2023 received Royal Assent at the end of October. The main focus of the act is to place a responsibility on employers to take reasonable steps to prevent sexual harassment of their employees in the workplace. The Act also gives employment tribunals the power to increase compensation by up to 25% where an employer is found to have breached the new duty to prevent sexual harassment. The Worker Protection (Amendment of Equality Act 2010) Bill will work alongside the Equality Act 2010 when it comes into effect next year.

Comment

No employer will be able to completely mitigate the risks of misconduct at work events, but by considering the above steps you can minimise the risks.

If you have any queries about the above, would like assistance drafting or updating policies, or, if it has already happened, should you need advice on dealing with ‘Christmas party misconduct’, please get in touch with a member of the Employment team who will be happy to help.