Office Festivities – How To Avoid A Legal Hangover

It is that time of year again when office parties are in full swing and staff enjoy an opportunity to let their hair down and relax with work colleagues.

Whilst most people's shame will be limited to a few dodgy dance moves on the dance floor, it is important for employers to plan ahead to reduce the risk of unwanted behaviour that can arise from the heady mix of alcohol and lowered inhibitions. Many sexual harassment claims arise out of conduct at office parties and even as a consequence of unsuitable "Secret Santa" presents.

Here are a few tips to help you through the festive period with your business reputation (and your employees' reputations!) intact:

Planning

As with any party, the key to its success is to plan ahead in order to be able to assess any risk that arises and reduce or eliminate it. Remembering the points below will help ensure everyone enjoys the festivities and limit the risk of any claim against your employees and you so everyone can enjoy the party. Remember - prevention is better than cure when it comes to tribunal claims.

Issue guidance on accepted behaviour

As the party approaches, ensure that the company's disciplinary procedure is up to date and that it is communicated to all staff. Staff should be made aware that even if the party is not being held in the office, it is a work event and they remain representatives of the company and subject to the normal standard of behaviour expected in the office.

Staff should be clear about what is expected of them and that the usual disciplinary process will apply with regards to any inappropriate behaviour. A company must act consistently in its approach to poor conduct in order for a tribunal to view their actions as "reasonable". You may wish to consider issuing a social events policy to all staff setting out the standard of behaviour that will be expected at the party.

Avoiding discrimination

It is important to remember that as an employer, you still owe your employees certain obligations at an office party, even if the party is held outside of the office. Employers can be held liable for the actions of their staff at office parties under the principle of vicarious liability set out in the Equality Act 2010. If one employee discriminates against another, the employer can be held vicariously liable if the discrimination occurs in the course of employment (which can include the office party) unless the employer can show that it took "all reasonable steps" to prevent the...