Christmas Parties: Mitigating and handling incidents, altercations and harassment

With December on the horizon, staff Christmas parties will be on everyone’s minds, and many will be looking forward to unwinding with their colleagues outside of a work setting.

However, unfortunately, Christmas parties can sometimes bring rise to incidents of poor behaviour, altercations and harassment.

In this article, Employment Associate Chris Dobbs outlines how employers can mitigate, prevent and handle such incidents.

Is a Christmas party a work event?

Yes, an official and organised Christmas party is considered extension of the workplace, so all of the usual rules apply. Any misconduct, for example, is just as unacceptable at the Christmas party as it would be in the office on a regular day.

In addition, employers can be liable for incidents that take place at after parties following a Christmas event.

In a previous case, Bellman v Northampton Recruitment Ltd, the Christmas Party continued to a hotel, largely funded by the company, where the Court of Appeal found that the employer was vicariously liable for an injury sustained in an altercation between employees.

Can you dismiss an employee for their behaviour at a Christmas Party?

Seeing as a work Christmas Party is considered an ‘extension of the workplace’, employers can follow the disciplinary process for poor behaviour all the same.

As always, your internal policies should dictate what warrants misconduct and gross misconduct, and you can make a decision on whether alternative issue resolution (such as mediation) should be explored.

The employer must just be careful to treat the process exactly the same as they would if the behaviour had been committed during work hours.

Sexual Harassment at Work Christmas Party

Employers should be especially vigilant when it comes to sexual harassment, due to the new mandatory legal duty that came into force in October 2024.

This duty dictates that employers should take ‘reasonable steps’ to prevent sexual harassment from occurring in the workplace.   If the employer does not take ‘reasonable steps’ and a worker successfully brings an employment claim for harassment which involves sexual harassment, any compensation awarded can be uplifted by up to 25%.

Simply put, it is no longer enough to take action following an incident of harassment.  Employers must now take steps to prevent such incidents from occurring beforehand.

Although there is no prescribed list of reasonable steps, it is recommended that employers conduct frequent risk assessments to determine what preventative steps they should take.  Additionally, employers may want to review policies and procedures regularly and introduce additional training for both employees and management staff.

Unfortunately, Christmas parties can be an area of risk and so cautious employers would be wise to consider the specific risks associated with their workplace and festive events. You probably won’t want to avoid a Christmas party altogether, but being clear about standards and expectations at work events can help in the long run even if it might feel a bit deflating now.

Sexual Harassment Training

At Frettens, we’ve put together two comprehensive sexual harassment training videos, one for employees and one for management staff, that are designed to ensure that you’re training is up to date following the new harassment duty.

For managers, we cover the scope of the new duty, risk assessing and how to respond to harassment allegations. And, for staff, we cover the protected characterises, what amounts to harassment and sexual harassment and the reporting strategies that should be taken on.

They cost £250+VAT each.

Watch a preview of the training for managers below:

And a preview of the training for staff below:

To purchase one or both of these videos, please email us at events@frettens.co.uk.

Alternatively, we do deliver these training sessions in person. If this is something you’d like to explore, please contact us on 01202 499355.

The Dos and Don’ts of office Christmas parties

Employers and HR Managers will want staff to be able to relax at Christmas events, without feeling at risk of a nightmare in January.

To help mitigate the risk of matters getting out of hand:

1. Make a clear distinction between social events which are official (and at risk of vicarious liability) and the unofficial ones (which are less likely to be a risk).
2. Provide clear guidance on the expected standards at office parties and what behaviour is unacceptable.
3. Arrange for a member of management (or two of three!) to be in charge of monitoring staff and their alcohol intake.
4. Risk assess. The more you have done to mitigate accidents and incidents, the stronger your case will be if there is an issue in the future. Again, sexual harassment training, especially now that the new duty has been introduced, can be absolutely crucial.
5. Make sure staff are aware of the complaints process. Take complaints seriously and investigate them properly.

Employment & HR Solicitors

Frettens are The Top Employment Law firm in the UK, according to ReviewSolicitors, and we have vast experience in advising employers in cases of all kinds.

We’d be happy to give you tailored advice on your Christmas party liabilities, provide appropriate staff and manager training and assist you in handling any incident.

You can call us on 01202 499255, or fill out the form at the top of this page, for a free initial appointment.

We also offer tailored courses for new and experienced employers and HR professionals alike, which may be useful to you. You can find out more here.