Avoiding An HR Hangover This Christmas: Employment Law Considerations For Work Christmas Parties

Published date19 December 2022
Subject MatterEmployment and HR, Discrimination, Disability & Sexual Harassment, Employee Rights/ Labour Relations
Law FirmOgier
AuthorMs Helen Ruelle, Rachel DeSanges, Will Austin-Vautier, Fay Warrilow, Victoria Randall and Kate Morel

Christmas parties can undoubtedly be a good mechanism to reward hard work and celebrate achievements at the end of the calendar year, but they can also be a major risk for employers.

A 2018 survey found that one in 10 UK workers have been dismissed or disciplined following a work Christmas party, with reasons including getting involved in a fight, taking drugs, or inappropriate behaviour, including sexual harassment. A further 8% felt like they had to leave their job after a Christmas party as they could no longer face working with their former colleagues.

Regulatory considerations

Employers may think that the majority of incidents that take place at a work Christmas party are an internal matter, and overlook wider regulatory considerations.

Each regulator will have its own expectations regarding the standards to be maintained by its membership and not all regulators apply their rules in the same way. The same can be said for reporting - what must be reported, at what juncture, in what format and by what means will be different from regulator to regulator.

Depending upon the infraction in question and any connected finding the regulator might have a range of measures at its disposal. It could issue a reprimand, a suspension (eg of a membership or trading licence or the ability of a natural person to hold a specific office or function) or removal.

Discrimination law

Although Guernsey's new discrimination legislation will come into force in a phased approach from October 2023, employers in Guernsey and Jersey should still carefully consider the potential discrimination matters that a Christmas party can present.

For example, take care not to inadvertently exclude employees from an event by reason of:

  • Age - in choice of venue or physical activity
  • Sex - in the time chosen to hold the event. Temps for example may be excluded due to the day/time of the event if it's held during working hours, or even as a matter of policy. Temps are more likely to be female, older, and/or disabled
  • Pregnancy and maternity - if someone is on parental leave, don't presume they wouldn't want to be invited. In the tribunal case of Howie v Hollaways of Ludlow, a mother who was not invited to an informal work Christmas party because she was on maternity leave was found to have been discriminated against. There should be suitable food and drink options at the party for someone who is pregnant or breastfeeding
  • Disability - consider the accessibility of the venue, and transport options...

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