‘Tis the season for festive cheer – but amid the tinsel and bubbly, there’s always the potential for HR headaches. From inappropriate behaviour and safety concerns to legal liabilities, the combination of a festive atmosphere and alcohol can quickly turn into an HR minefield. 

What many employers overlook is that even when the event is held off-site and outside of working hours, employees’ conduct is still legally considered “in the course of employment,” making the employer vicariously liable. The idea of being held accountable for employees’ actions after a few drinks can be worrying, but taking reasonable steps to prevent misconduct can help mitigate this risk.

With the new statutory duty to prevent sexual harassment placed on employers, HR teams must be more proactive than ever to safeguard both employees and the organisation from potential claims.

To ensure the festivities remain enjoyable and the HR team stays stress-free, careful planning and foresight are essential. Here are seven tips to help you avoid HR disasters at your next Christmas gathering.

1. Ensure everyone feels included

Make sure that every employee feels included in the festivities. Invitations should extend to all employees, including those on maternity or paternity leave, those working remotely, those on sick leave, and apprentices – although, it’s essential to respect legal requirements that limit alcohol consumption to individuals aged 18 and above. This should be clearly conveyed through a friendly company-wide message about alcohol consumption and expected behaviour standards. Provide non-alcoholic drinks and offer activities that don’t focus solely on drinking to make sure everyone feels comfortable and welcomed.

2. Consider accommodations

Not every employee celebrates Christmas or feels comfortable with late-night socialising or drinking. Being considerate of various needs can go a long way toward fostering inclusivity. Offering midday events instead of evening ones, accommodating dietary restrictions, providing a variety of non-alcoholic beverages, and ensuring the venue is accessible to everyone can make a huge difference in attendance and morale. Additionally, framing the occasion as an end-of-year celebration with less emphasis on Christmas-specific elements, can create an environment that accommodates everyone and avoids any feelings of exclusion.

3. Choose the right venue

Choose a venue that can cater to a diverse group of employees. Ensure the venue is accessible, has options for dietary requirements, and is suitable for those under 18 years old if necessary. If you plan to hire entertainment, such as a comedian or DJ, ensure the content is appropriate and does not target or offend any individuals. Offensive humour can quickly turn a light-hearted event into a liability, especially if it crosses into discriminatory or inappropriate territory.

4. Set clear expectations

If you don’t have a specific policy concerning employee conduct at work events, it’s wise to circulate a memo to all employees in advance. Your Christmas party memo should:

• Clearly outline the expected behaviour of employees
• Explain that instances of misconduct will lead to disciplinary action
• Draw attention to other relevant policies, including those on sexual harassment, bullying, and social media.

5. Control alcohol consumption

While alcohol is often part of the festivities, it’s important not to let things get out of hand. Consider implementing a controlled drinks policy, such as limiting the number of free drinks, to reduce the risk of overconsumption. While an open bar will probably go down a treat, it can send the wrong messages to employees.

Encourage moderation among managers, as they play a crucial role in setting a positive example and ensuring their teams stay in check.

Remind employees of the company’s drug and alcohol policy well in advance, considering that these rules may not be at the forefront of their minds.

Clearly communicate to staff, before the event, that any drunk or disorderly behaviour will not be tolerated and may result in disciplinary action. In certain cases, alcohol-fuelled misconduct may be treated as a gross misconduct offence, potentially leading to dismissal without notice. 

6. Watch for red flags

Christmas parties can blur the line between professional and personal behaviour. Stay vigilant during the event to identify potential disciplinary situations and take preventive measures. However, any disciplinary action should not be taken on the spot. If necessary, send the employee home and deal with the matter at the earliest opportunity when you return to the workplace.

7. Plan safe transportation

Emphasise the importance of post-event travel arrangements, perhaps providing taxis to prevent employees from being stranded and ensure they get home safely. Given the increased police surveillance during the Christmas season, remind employees not to drink and drive and reinforce your company’s stance on alcohol consumption while travelling.