The office Christmas party is a time to unwind, celebrate, and foster team camaraderie after a year of hard work. However, when the mulled wine starts flowing and inhibitions lower, the festive atmosphere can occasionally lead to behaviour that crosses professional boundaries. A study by The Chartered Institute of Personnel and Development (CIPD) found that one in 10 workers knows someone facing dismissal or disciplinary action following their behaviour at a company Christmas party.
With this in mind, Employment lawyers at Weightmans have detailed their recommendations for the Christmas Party Season and encourage businesses and employers to consider employment law strategies so their team can enjoy the festivities while maintaining boundaries and being accountable for employee wellbeing.
1. Drinking During Work Hours
In the UK, drinking during work hours is generally prohibited by employers and can result in disciplinary action if disciplinary rules are breached. While there are no specific employment laws against drinking at work, employers enforce these rules to ensure a safe and productive environment and to mitigate discrimination risk. In serious cases, consuming alcohol during work hours in breach of policies can lead to warnings, suspensions, or even termination.
To ensure neither employer nor employee gets into trouble, employers should detail their expectations around the festive period to ensure clarity and maintain productivity. Employers should communicate any flexibility in work hours, party arrangements, or any other relevant policies to their employees ahead of time. This helps manage expectations and allows employees to enjoy the season without compromising work responsibilities.
2. Drinking Before Working the Next Day
Many Christmas parties are held on midweek days, such as Mondays, Tuesdays, or Wednesdays. In fact, Thursdays are now the most popular day of the week for corporate Christmas parties, so it’s important to be aware of the consequences of a heavy night of drinking the morning after.
Travelling to or arriving at work under the influence or contrary to an employer’s rules can have severe consequences. This is particularly true for jobs involving the operation of machinery, driving, or ensuring safety.
Employers should have clear guidelines. A Drugs & Alcohol policy is crucial, particularly in light of the Health and Safety at Work etc. Act 1974, which requires employers to ensure, as far as reasonably practicable, the health, safety, and welfare of all employees. This responsibility includes addressing the risks posed by employees under the influence of alcohol at work, which typically warrants disciplinary action.
3. Don’t Drink to Excess
Alcohol-fueled decisions can lead to unprofessional or even harmful actions. From offensive jokes to physical altercations, excessive drinking is a common factor in incidents that result in disciplinary action. While employers should allow employees to relax, providing non-alcoholic alternatives and limiting free alcohol can help avoid problems.
Under the Health and Safety at Work Act 1974, employers have a duty of care towards their employees. If an employee is injured due to overconsumption of alcohol at a work-sanctioned event, the employer could be held liable.
4. Don’t Make Inappropriate Comments or Advances
What might seem like harmless banter to one person can easily be perceived as harassment by another. Compliments, jokes, or flirtatious behaviour can cross lines, especially in a professional context. Christmas parties should be a time of celebration for all, regardless of faith, culture, or personal preferences. Organising events that revolve solely around alcohol or Christian traditions may alienate some employees.
The Equality Act 2010 protects employees from harassment based on protected characteristics such as gender, race, age, or sexual orientation. Employers must ensure that events comply with the Equality Act 2010 by being inclusive. A poorly planned event could lead to claims of indirect discrimination if employees feel excluded due to their religious or cultural beliefs.
5. Calling in Sick
According to Benefits and Pensions Monitor figures from 2022, businesses experienced a 61 per cent increase in sickness rates following one of the most popular days for corporate Christmas festivities. This year it's expected to see similar figures as partygoers take advantage of open bars and festivities.
Managing absenteeism is incredibly important. Whether an employee is off for a day or a week, this absence is likely to put pressure not only on the employee's workload but also on the team and wider management. Employers should communicate that unauthorised absences are unacceptable and may result in disciplinary action. Conducting back-to-work interviews is essential and will help to differentiate between legitimate and dishonest absences, such as those following post-match celebrations.
6. Inappropriate Conduct Outside the Office
But the festive cheer can quickly turn sour if excessive drinking leads to unprofessional behaviour or awkward consequences the next day. While celebrating with colleagues is a highlight of the season, it’s essential to keep things fun, festive, and professional. Being caught drunk or acting inappropriately in the street by the police can result in a fixed penalty notice and even lead to your being arrested.
Fine: Up to £80 for a fixed penalty notice for being drunk and disorderly. More serious cases can be prosecuted in court, with fines up to £1,000.
While it’s a quick way to skip the toilet queues on a busy night or being caught short on your way home, next time you think about public urination - maybe take time to reconsider. Urinating in public is considered an act of public nuisance and is illegal. Offenders can be fined under local bylaws or receive penalties under the Public Health Act 1936.
Fine: Up to £100 for a fixed penalty notice.
The temptation to pre-drink while on the way to meet friends or to finish off a beer on the way home is high during the festive period. Public drinking in the UK is regulated through Public Space Protection Orders, which allow local councils to prohibit alcohol consumption in designated areas. Violating a PSPO can result in on-the-spot fines.
Fine: Up to £100 for breaching a PSPO.
Whether as part of after-work drinks or an outing with friends at the weekend - employees should be conscious of their behaviour outside the workplace. If an employee is seen to be doing something inappropriate or irresponsible, it can have a detrimental impact not only on the individual but also on the employer. To minimise the risk of reputational damage, employers should remind employees to conduct themselves responsibly outside of work. Misconduct outside of work can sometimes result in disciplinary action being taken by an employer, depending on the circumstances.
Public disorder offences increase exponentially during the festive period. The Acas Code of Practice on disciplinary and grievance procedures says: “An employee should not be dismissed or otherwise disciplined solely because he or she has been charged with or convicted of a criminal offence.” The employer must consider how said conduct or conviction impacts how the employee can do their job. Each must be considered on a case-by-case basis, and the reasonable course of action must be dependent on the facts of the case and the individual. The employee must be fairly treated, and it is recommended that the employer seek legal advice.
Sejal Raja, Employment Lawyer at Weightmans, commented: “The office end of year party is a great way to celebrate achievements and build team morale, but it’s essential to strike a balance between fun and professionalism. Employers have a duty to ensure the event remains inclusive and respectful, which means setting clear expectations in advance about behaviour and providing a safe environment for everyone. Employees, too, should be mindful that while the party is a social occasion, it’s still linked to the workplace, and inappropriate behaviour can have serious consequences. By maintaining mutual respect, everyone can enjoy the festivities without fear of crossing any boundaries.”
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