Christmas parties: how to avoid an HR disaster

It's important for businesses to remember that not everyone who works for them will be a party person and that if you put them in a situation they're not comfortable with they might struggle with exhaustion and even shame and guilt in the days and weeks after. If you have a Christmas party budget, it might be better to consider it 'a festive celebration budget' and to ask your staff how they might want to spend it, with some opting to put it towards a party and others towards something else. This could include giving employees the chance to accept hampers or, with the cost-of-living crisis growing worse by the day, offering vouchers or cash bonuses to staff. A financial care package could be a better gift this Christmas than a stinking hangover.

My general advice would be don’t have a Christmas party, don’t let management attend, let the staff organise it themselves, although by all means pay. This in itself significantly reduces the legal risk massively. The legal point is that employers owe employees a duty of care and can be held ‘vicariously liable’ for acts of individuals if their ‘field of activity’ is closely related to the event. In one recent case, a managing director who, at 2am gave a 45-minute rambling semi-drunk speech to 50% of the staff was challenged by an employee. He punched the guy so hard, a few times, it gave him brain damage and so the employee sued the company. The Court of Appeal decided in his favour. The Court said the MD was doing work activities at the time. In another case, the employer was held not liable when one drunken colleague lifted up another while dancing (you know the movie) and she fell and injured herself. The Court ruled the drunken employee was not doing anything work related, within his ‘field of activity’, and so the employer was not liable for the claim. So yes, there’s risk, but it can be mitigated against by making it clear in a policy/email that the party is not a work event, reminding people not to drink excessively, and reminding managers not to talk shop.

Secret Santa gifts and Christmas Parties are the bane of every HR professional's festive period. Inappropriate or outright obscene Secret Santas can end up with a different type of sack than the one people typically expect around Christmas. From a male apprentice at an accountancy practice being gifted a lewd green Borat mankini that his female colleagues suggest he models right there and then, to a maintenance engineer called Jim being handed a Jim'll Fix it badge, Christmas is a ticking HR time bomb just waiting to go off. Gifters should ask, would my Gran be OK with seeing this unwrapped? If not, don't do it. If yes, still don't do it.

Having worked 30 years in HR, I've seen many a Christmas party go pear-shaped with career-ending scenarios from festive fumbles, sexual harassment, punch-ups, drug taking and many an affair beginning, including with clients on occasion. And don't get me started on Secret Santa gifting. Not everyone is delighted to unwrap a dildo in front of colleagues. The one HR Christmas case I recall over all others was at an organisation where account managers were encouraged to choose a personal gift for their key client contact. The CEO returned from his Christmas break to a complaint from a client, asking for them to be assigned a different account manager due to this gifting strategy. The client had been sent a vibrator and had a hard time explaining to his wife that he had no idea why that would have been deemed appropriate. Organisations must be mindful that, despite generally being out of hours, a Christmas Party can still be seen as a work event and as such employers continue to have a duty of care to employees and may find themselves liable if poor conduct is condoned or misconduct occurs. The reputational damage that can be caused if clients are included in events mean that most employers decide to make Christmas parties employee-only. With fewer parties over the past couple of years due to the pandemic, 2022 could be a wild one so we're bracing ourselves for a barrage of client calls in December and into the New Year.

When you take the time to do the right planning beforehand, it’s highly likely that your event will go smoothly, and everyone will behave. But if you don’t, be prepared for the fallout the next day. First, you want to consider that you need to ensure the safety of your employees. This can include making sure they don’t drink too much if alcohol is on offer, that they don’t drink and drive, and that they have a suitable way of getting home or have hotel rooms booked. You’ll also want to be aware that they are representing your company when they are out. That means their behaviour towards others should be exemplary, and if you have clients joining you, they continue to behave in a professional way that won’t damage any working relationships. Before the event, you should remind your people to familiarise themselves with your handbook so that they are under no doubt of what’s expected of them. They should be aware of your company policy on drug use, bullying and harassment, as well as violence and aggressive behaviour. They should also understand the consequences if any of these policies are breached while at a work Christmas party. It might also be a good idea to have a member of staff, perhaps a manager, that doesn’t drink to be the "go to" for people if they do end up worse for wear, and to help deal with any incidents if they arise.

I have attended some epic parties and some absolute failures. In years gone by, I have acted as "security" at some team events and kept an eye on potential situations. One time I had a fellow Area Manager restrained as he wanted to physically assault another Area Manager over something that had been building up for about 12 months. Then I had the team member that I physically lifted from a bed by his belt as he was half naked as his wife was waiting for him, in a different room. I have enough to write a book on, so my advice is, if you do it, keep it small and make sure you have a few chaperones on your team who stay off the pop.

When you have an allergy, coeliac disease or intolerances, even the mention of a Christmas party can bring on anxiety attacks. HR and senior management need to consider booking an inclusive venue that caters for those with specific allergies. For example, booking a pizza restaurant for someone with coeliac disease can be an issue, unless you have checked out that gluten-free bases are available or there are alternative dishes. These also have to be prepared safely and have strict processes in place. We have created a fact sheet to offer guidance when looking for venues to be inclusive for all diets. https://foodallergyaware.co.uk/wp-content/uploads/2021/12/Top-Tips-for-the-Party-organiser.pdf

Christmas parties are a time for teams to let down their hair and have fun, but unfortunately some people take this beyond acceptable behaviour and wake up the following day facing more than a hang-over. Mixing alcohol and work is always fraught with dangers, but there are some things companies can do to reduce the risk of a party getting out of hand. Managers need to lead by example and set the tone for a fun but sensible event. Preparation is key to a successful fun time, and our top tips would be would be ensure that there is food, and plenty of it. Drinking on an empty stomach means the alcohol goes directly into your blood stream. Also, make sure everyone understands that this is still a work function, as that is sometimes easy to forget. Also, have arrangements in place to ensure all staff get home safely, such as providing taxis. For staff, there are a number of ways to avoid getting into trouble: know your alcohol limits, be careful about what you post on social media and do not phone in sick after the Christmas party.