Damaged property, bruised egos, physical injury and questionable conduct…the list of things that can and do go wrong at the annual work Christmas party is long and varied! While Christmas parties can be a great opportunity to bring colleagues together and end the year on a high, the potential for a hangover to last far beyond the next morning is very real for HR professionals.

Bringing together a large group of colleagues outside of their usual work environment and adding alcohol into the mix can be a recipe for disaster. It’s easy for lowered inhibitions to lead to all kinds of inappropriate behaviour, from employees getting a little too friendly to some seeing it as an opportunity to air their work-related frustrations that have been festering all year.

It’s not only the event itself which can be a catalyst for employment law issues; there is also scope for oversights in the planning stages which can cause numerous pitfalls for businesses to sidestep.

What many employers fail to realise is that even if the event is held off-site outside of working hours, the conduct of employees at the Christmas party is generally considered, from a legal standpoint, to be done “in the course of employment”, with the employer vicariously liable.

The prospect of the business being held accountable for whatever employees get up to after a few drinks can be unnerving; you can, however, defend a claim provided you are able to prove that you took reasonable steps to prevent it from occurring.

With this in mind, forethought and proper planning is essential. Here are eight tips for avoiding HR disasters at your next Christmas gathering.

1. Invite everyone, with no expectations

To prevent any suggestion of discrimination, be sure to extend the invite to all members of staff. This includes homeworkers, those on maternity/paternity leave, as well as those on sick leave, depending of course on the nature of the person’s illness.

While you should invite everyone, don’t force or put pressure on people to attend. If the party will take place outside of working hours, keep in mind that some employees may have childcare or other responsibilities and non-Christian employees may feel uncomfortable about attending.

If you’re planning to invite people’s partners, be mindful not to discriminate against anyone based on sexual orientation.

2. Consider how you can better accommodate colleagues

When you’re wrapped up in planning a fully festive event complete with all the trimmings and a hefty supply of alcohol, it’s easy to forget that not everyone celebrates Christmas, drinks, or is able to stay out late.

Think about ways of celebrating that are perhaps more inclusive, allowing more people to attend and enjoy themselves – this includes involving workers from different sites. Simple adjustments such as agreeing to subsidise hotel accommodation if possible, switching out an evening event for a lunchtime meal, providing plenty of alcohol-free options, or framing the event as an end-of-year celebration (less heavy on the tinsel) may better suit everyone and prevent anyone from feeling excluded.

3. Keep it clean and cater to everyone

Give careful consideration to where the event will be held, what food and drink will be available and what entertainment will be provided.

Consider your workers’ needs. When deciding on a venue, ask yourself:

• Can it cater to any dietary requirements?
• Is it suitable for under 18s?
• Does it have wheelchair access?

Additionally, take time to vet the evening’s entertainment beforehand to ensure it’s appropriate. If you decide to hire a comedian, for example, check that the jokes don’t venture too close to the knuckle or single anyone out. Not only can misjudged or offensive content cause the atmosphere to nose dive fast, but you may also be held legally liable for material that is racist, sexist, homophobic or otherwise pokes fun at a protected characteristic. Brief entertainers prior to the event to reduce the risk of things going unexpectedly off-piste.

4. Be clear about the company’s position

If you don’t have a specific policy in place regarding employee behaviour at work events, it’s a good idea to circulate a memo to all staff in advance.

Your Christmas party memo should:

• Clearly lay down what is expected of employees;
• Explain that instances of misconduct will result in disciplinary action; and
• Draw employees’ attention to other relevant policies, including bullying and harassment and social media.

5. Keep a close watch on alcohol consumption

It’s important to ensure alcohol consumption doesn’t get out of control. It may be a good idea to:

Restrict the number of free alcoholic drinks. An open bar, while likely to go down a storm, can send the wrong message to employees.

Ask management to go easy. Line managers can play an important role in setting a good example for others and keeping their team in check.

Remind employees of your drug and alcohol policy ahead of time. Keep in mind that employees probably don’t look at this often, so don’t expect them to have your rules fresh in their minds.

Make it clear to staff prior to the event that drunk or disorderly behaviour will not be tolerated and may lead to disciplinary action. In some cases, alcohol-fuelled behaviour may be treated as a gross misconduct offence, which may result in dismissal without notice.

Remember that some of your workers may be under the legal drinking age and others may not drink, so make sure there’s plenty of water and soft drinks available.

6. Be aware of potential disciplinary situations

Christmas parties can be a catalyst for Employment Tribunal claims. With the drinks flowing, the boundaries between people’s professional and personal lives often become blurred, which can give rise to confrontations, discriminatory remarks, risqué jokes, and inappropriate sexual advances.

Again, ahead of the event, remind employees of what is and isn’t acceptable conduct and how misconduct will be dealt with. At the event, be aware of potential disciplinary situations emerging so that you can hopefully avert issues before they arise.

Don’t discipline any employees at the actual event. If necessary, send them home and take the relevant steps at the first opportunity when back in the workplace.

7. Consider how employees will get to and from the event

Ask all employees to make travel arrangements ahead of the event. Remind them to arrange for someone to pick them up afterwards, or consider providing taxis to ensure staff aren’t stranded and get home safely.

Remember, police ramp up their surveillance in the lead up to Christmas, so for this reason and in the interest of safety, enforce a strict no drinking and driving policy. Keep in mind that overdoing it may mean they are still under the influence the next morning, so remind employees to take it easy, as they will need to be able to turn up to work the following day without putting themselves at risk.

If an employee is disqualified from driving, you will need to consider how this will affect their ability to carry out their role before taking action. If an employee is not required to drive for work purposes and can get to and from work by other means, there would be no cause for dismissal. If driving is a significant element of their role, don’t rush to dismissal; consider whether it would be possible for them to be deployed elsewhere or use alternative transport for the duration of the ban.

8. Avoid talk about pay

Due to the combined impact of the cost of living crisis and the gender pay gap at the forefront of a lot of people’s minds right now, employees may be minded to bring this up in a more casual setting or after a few drinks.

It’s never wise to engage in conversations about salary or promotions at work events – leave any discussions of this nature for when you’re back on site. The last thing you want is to make promises you can’t keep, or spark resentment between colleagues.