In the fast-changing world of HR and employment law, few things are a constant. But one annual tradition which is still going strong is the post-Christmas party fallout. From flirtation gone wrong to serious injury, it's a fertile source of litigation. But this year there's an extra level of legal risk for employers, with the proactive duty to prevent sexual harassment having come into force in October (and set to be strengthened by the Government in a couple of years' time). So should employers cancel office Christmas parties?
It might seem like staff social events create more risk than they're worth. But with hybrid working still embedded in many workplaces, they are also a valuable opportunity to build camaraderie. It's not necessary to cancel them altogether - but the increased focus on risk management which the new duty creates is a useful opportunity to make these events less fraught and more inclusive.
In line with the EHRC guidance, employers should evaluate the risk of staff social events as part of their harassment risk assessment and acknowledge that these events heighten the risk of harassment and other untoward incidents. That being the case, there are steps employers can take to reduce the risks, such as:
- arranging a sit-down meal instead of a drinks event
- scheduling lunch events rather than evening parties
- limiting free alcohol
- ensuring that senior members of staff attend as “anti-harassment champions” to keep an eye on proceedings and step in if things get out of hand
- giving staff guidelines on the behaviour expected at staff social events
- making arrangements for staff to get home safely if needed (e.g. having a designated person to arrange transport for any staff who can't get home by themselves).
Not only are these steps likely to reduce the risks of untoward incidents, they also make social events more inclusive for those with caring responsibilities, those who don't drink for religious or cultural reasons, and neurodiverse staff who may find raucous events overwhelming. While there's no need to go full Scrooge, a more measured approach can help keep the festive spirit without the (legal) hangover.
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