Our Christmas party is due to take place shortly. We are providing free drinks (up to a set limit) for all of our staff. The party is outside of office hours. However, I have heard some horror stories about employers being responsible for any shenanigans which take place. Can you please confirm whether I should be concerned about what our staff do?
Christmas parties can be a good way for staff to socialise outside of work and strengthen their links with other employees in the parts of the business where they do not usually work.
However, without wishing to be a "party pooper", it is true that employers can be held liable for their errant employees' actions at a Christmas party they have organised. It is clear from previous cases that these social functions are seen as an extension of the workplace, and therefore employers must try and ensure that they have done everything to prevent sexual harassment, fighting or other unwanted conduct from occurring.
It would therefore be wise to explain to employees the implications that their actions might have and also to brief them on the expected standard of behaviour. Remind them that your anti-harassment, bullying and discrimination policies will all still apply at the Christmas party.
Also, beware of "promises" being made at the Christmas party. In one case, an employee resigned claiming constructive dismissal when his salary was not doubled within 2 years as he alleged had been promised to him at the Christmas party! His claim, thankfully, did not succeed, as the Employment Tribunal found as a matter of fact that the employer did not intend to enter into a legally binding commitment, but there is clearly a risk that a claim may be brought should "promises" be made.
Employers have a duty of care towards their employees, and should therefore consider how their employees will get home at the end of the evening. ACAS recommends that employers provide the phone numbers of local taxi firms, or hire a minibus for employees to ensure that they get home safely.
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