Bridge HR articles

This is not the most festive topic, but when it comes to Christmas parties, a little legal know-how now could save you from a lot of headaches (and costs!), come the New Year. We know it’s not fun but you may just thank us!

Do we need a policy?

Yes! Any policy must make clear:

• Standards of behaviour required.
• Types of harassment - what it looks like and why it is not tolerated.
• What should happen if things go wrong – a fair legal process and the ability to raise concerns.
• What the consequences are if the standards are breached.
  
  

Should we train our staff?

A policy is just paper unless you have implemented training on it.

Our annual management and staff training sessions help employees to understand the standards required and the leaders to understand how to uphold them (you can email here for course details at enquiries@bridgeehr.co.uk).

If high-quality training is provided, employers have a better defence to any claims made and, more importantly, it greatly reduces the chance of problems on the day.

Should we talk to the team beforehand?

At work social events, employees still retain protections, such as the right to be protected from discrimination and harassment.

Employers also have an ongoing duty towards health and safety, so formal communications beforehand are very much recommended.

We recommend:

• a short pre-party email to all staff, setting out that whilst it’s a time to relax and socialise, being courteous, polite and respectful to each other are the minimum required standards and breaching those requirements will be a serious issue; and
  
  
• (In larger teams) a different email to managerial staff reminding them to lead by example, again setting the required standards.

What should we consider in our planning?

• DON’T:
  • Offer a free bar, it encourages excessive drinking.
  • Start too early - it increases the likelihood of staff getting too drunk.
  • Discipline anyone on the spot – let the dust settle and follow a good process.

• DO:
  • Offer food with drinks.
  • Make sure there are plenty of soft drinks and alcohol-free drinks.
  • Keep an eye on people - consider putting those who have had too much in a taxi..
  • Put certain sober people in charge of keeping an eye on matters – this is certainly not a bad idea in larger groups.

• Remember to plan for:
  • • Disabled access.
    • Those who don’t drink.
    • Those who object on religious grounds.
    • Those who cannot eat particular foods.
    • Accommodation of different religious beliefs; and
    • Transport links/taxis to get home safely.

Should We manage social media and mobile phone use?

No company wants their party mishaps to become a viral social media post. You do need a social media policy restricting what employees can say online about them - this can be issued or even annually refreshed nearer the time. The policy should include any live streaming on social media from the party itself – no company wants a viral video of a brawl at the office party or images circulated of “Kevin and Sheila from accounts” drunkenly dancing and falling over.

A strong social media policy and a clear reminder, pre-party, that any online content which is damaging to the company’s reputation is a disciplinary offence can help to reduce the likelihood of this happening.

It is also not a bad idea to have social media alerts on during the evening so that anything which does appear with the company name on it can be dealt with immediately and the culprit told to take it down.

Do we need To Be careful About What We Say?

During the event, be aware that employers can be held liable for promises made by over-enthusiastic managers or other senior staff during the party.

Drunken promises at parties can, depending on the context, be held to be binding.

There have been several cases in Tribunals based on a senior manager promising pay rises or bonuses whilst under the influence, and the Courts make it clear that it is possible to be held to such promises.

What about after the party?

Transport to and from the venue is also something to consider. Whilst employers have no duty to provide this, it may be a sensible idea to consider it. If you are going to a large venue out of town, then a mini-bus or coach can be a good investment. Providing transport is likely to ensure that most employees do actually leave at the time the party ends, rather than going on to further drinking later on (which is often where the real mischief occurs). Providing a list of taxi numbers, and offering to book them for staff, could be enough. It is not necessary to foot the bill.

If an employer becomes aware that a member of staff intends to drive after drinking, then they should take steps to prevent this from happening.

Can we do “Secret Santa”?

If you decide to run a Secret Santa or allow it, it is important to remind staff that all gifts must be non-offensive and it is usually a good idea to set a limit on spending.

Nothing of a sexual, blasphemous or obscene nature should be allowed. Give some thought to your employees’ likely ability to afford this and keep the limit low.

Another idea is to allow employees to decide whether to participate or not, and allow them to put their names into a hat if they wish to join in. This way, employees who would struggle to afford a gift or face any other challenges can avoid the potential humiliation.

If you feel that Secret Santa may cause problems, staff could be told that they should donate to a local charity instead, with all donations being anonymous. This can not only remove potential issues with unsuitable gifts but also be seen as environmentally friendly at the same time.