It is that time of year again when there is always one person who feels the need don the jacket of the ‘fun police’, and remind you of some of the less fun things to consider when arranging and attending Christmas Parties. Apologies in advance, but this year that person is me. And it comes with an additional word of warning this year, on account of the new duty to prevent sexual harassment.
So here is our Christmas Countdown to a quiet January, without any grievances or claims to mop up, along with the leftover sausage rolls:
- Make sure that your policies and procedures are up to date prior to ‘silly season’ commencing, particularly in light of the new Duty to Prevent Sexual Harassment.
- Communicate any new policy or changes to an existing policy to all staff, so that they are aware of their responsibilities. A failure to communicate to staff will render any new policy or changes to an existing one meaningless.
- Consider whether it is appropriate to carry out a risk assessment so that you can properly assess and address the risks of sexual harassment, including by third parties. This is likely to be particularly important in the hospitality industry.
- Having completed a risk assessment, ensure that all staff have a safe working environment – consider whether lone working is appropriate and ensure that safeguards are put in place to protect all staff if clientele could potentially become difficult to manage.
- For those working in the hospitality industry in particular, ensure managers make clear to all staff that they do not have to accept any form of inappropriate behaviour. It should be reported the instance it occurs, and will be dealt with immediately.
- Make sure that all staff know what is expected of them – whether at the Christmas party or otherwise – and what action may be taken if they fail to comply.
- If your Christmas party involves alcohol, consider in advance how much, if any, will be supplied/paid for by the employer. It is never a good look when drunken antics lead to a claim, and the employer has supplied the copious amounts of alcohol imbibed by the perpetrator.
- Make sure that your Christmas celebrations are inclusive for all. Not everyone will want to drink much, if any, alcohol and alternatives should always be provided. Consider whether alternative activities could be offered which do not centre around food and drink so that everyone can enjoy a good time.
- If your work party occurs prior to a working day, consider what message will be relayed to staff regarding their attendance the following day. What will your stance be if staff are unable to attend, or attend work still under the effects of alcohol? This will be particularly relevant if their role involves using heavy or dangerous machinery.
- If any incidents do occur, make sure that they are investigated and dealt with as soon as possible – do not wait until January. There is a risk that any delay could send the wrong message, and /or that this could render any potential dismissal unfair.
- Consider whether it is appropriate to discuss with staff how they are planning to travel to / from any events and remind staff that they should not drive if they are planning to consume any alcohol. Whilst it may be possible to drink a small amount and remain below the legal drink/drive limits, the safest option is always to stick to soft drinks – and see point 8 above regarding the provision of alternatives.
- Despite all the warnings, have a good time and enjoy! The above tips are designed to ensure that this is a positive time for all staff, which assists in building better working relationships, and rewards staff for their hard work throughout the year.
Finally, we would like to take this opportunity to wish you all a wonderful Christmas and a happy and prosperous New Year. If any assistance is required, either in the prevention of Christmas Party related incidents as set out above, or in dealing with any issues which may arise, please do not hesitate to contact the team here at Tyr.
Contact details
Gemma.Sherbourne@tyrlaw.co.uk +44 (0)7535 652758 +44 (0)113 521 7556
