By Barry Rees of People Programmes Ltd
The Christmas Party season is upon us and workplaces across the UK will be preparing for their seasonal celebrations; Barry Rees looks at the issues bosses should consider when preparing to party.
As a nation we seem to work and party harder than ever before and for many the company Christmas party is a time to enjoy a well deserved drink or two.
Employers, however, have a responsibility to ensure that employees can party safely. This duty of care falls under the obligations set by the Health and Safety at Work Act 1974.
I am sorry if this is making me sound a bit like Scrooge, but parties have started to give employers a bigger headache than the drink induced hangover.
Health and safety aside we now also need to consider amongst other issues harassment, discrimination on the grounds of sex, race, religion or belief and disability, impact on company reputation, criminal damage and sickness absence.
Approaching the Christmas party as another work activity is a good way of ensuring that the business and staff come to no harm. The secret is to plan ahead, and being aware of the pitfalls is a major step in overcoming them.
Employee rights
Employees have the right to enjoy the party free from harassment.
Bosses should be mindful of the needs of any disabled employees or their partners if invited. Giving consideration to access issues is crucial.
Part-timers and shift workers should be included in the party plans. Consider their working hours and plan your party to fit in with their timetables.
Caterers should consider any special dietary requirements including religious belief food restrictions and medical conditions such as diabetes. Checking caterers credentials is also a good idea and if a buffet is being offered, the highest standards of hygiene will need to be in place to protect workers against food related complaints.
Identifying potential hazards
As with any work activity, it is necessary to anticipate any potential hazards. This applies to both the normal place of work and off-site locations.
You may wish to take particular care if you have invited clients or customers to the party. Seeing your employees partying may not be the best way to impress your customers and may not evoke the image you were aiming at!
However, your liability stretches beyond the end of the party. If alcohol is being consumed there is a duty to ensure that staff can get home safely.
When you hold your party can also have big implications for employers. If it is held at lunchtime, or on a weekday evening, you may be confronted with the issue of staff coming back onto your premises whilst under the influence of alcohol.
By planning ahead, you may be able to schedule your event for a Friday night, allowing your workforce to recover over the weekend and avoiding the needs for workers to return to the office following the party.
Setting a ‘party policy’
If you treat the party as a work activity it is sensible that employees are informed of the boundaries of acceptable behaviour. A simple ‘party policy’ serves to remind staff that they are representing the company and must therefore act appropriately. The policy should be communicated to employees ahead of the party, so you may want to send it out with the invitations, and ask your managers to reinforce it at team meetings.
In discrimination cases, employers have a defence if they can show that they had taken reasonably practicable steps to prevent the discrimination from occurring.
The policy could cover guidelines for consuming alcohol, and the need to make arrangements to get home safely. If you have to hold your party midweek, you should also make it very clear as to how many people will be allowed to pre book the following day as holiday leave. You may wish to nominate a senior person to take responsibility for the party, and keep an eye on things.
Bosses should also point out that the primary purpose of the event is to have fun, but that breaching other company policies including health and safety and anti-discrimination, will not be tolerated. Make it clear that any inappropriate behaviour will be investigated under your disciplinary procedures. By setting the boundaries of acceptable behaviour, you will allow your employees to focus on having a good time.
The next day
If, despite planning and best endeavours, things do go wrong, you need to deal with any complaints or grievances quickly.
Whilst it is easy to dismiss inappropriate behaviour as “banter” or “the drink talking”, any harassment complaint must be taken seriously. Failure to do so is likely to cost your firm if you end up at an Employment Tribunal.
However, where you have implemented a party policy, there will be little defence for someone who has gone too far, and they will know the potential consequences of their actions.
Checklist
1. Discuss party plans with workers. This will give all employees an opportunity to put their views across.
2. Ensure you are up to speed on the latest legislative developments with regard to discrimination and communicate to employees that you will not tolerate discriminatory behaviour
3. Treat the party as a work activity and introduce a ‘party policy’
4. Identify potential hazards and put measures in place to minimise the risks
5. Treat any allegations seriously and investigate them if required following the correct procedures
6. Enjoy the festive season with the peace of mind that you have taken the necessary precautions
Before saying ‘Bah humbug!’ and cancelling everything altogether, remember that staff parties can boost morale and loyalty, and the Inland Revenue allows employers to spend up to £150 per head on such events in a single tax year, without tax or national insurance liability.
