Twelve golden rules to prepare for and survive the office Christmas Party

It’s that time of year where we are on the countdown to Christmas and with it many are about to plan and attend their office Christmas Party.

At the risk of sounding like a complete kill joy, it is important for employers to think ahead about the Christmas party, to ensure that it all goes smoothly, and that everyone has a great time. This will involve a little bit of forward planning and implementing some form of risk assessment involving some practical steps to safeguard everyone attending and to minimise legal risk and fallout for the business. There are also things to think about in terms of decorating the office as well and being seen to be inclusive to all members of staff.

Here are some handy tips for employers to think about both before, during and after the office Christmas Party:

1. The office party invitation

It is not recommended that any invitations to attend the office Christmas party are mandatory. Staff should have a free will to decide if they would like to attend. If the party is out of hours, then employers need to be mindful that some members of staff have family responsibilities which may prevent their attendance, or which may require them to have to leave early. As Christmas is a Christian event, do not force staff to attend if they do not wish to do so on religious grounds.

2. Decorating the office

We all like a bit of tinsel and sparkle and to have an office Christmas tree. Some employers may think that they may fall foul of the Equality Act by having traditional Christmas decorations in the office. In fact, the Equality Act 2010 does not ban the use of traditional Christmas decorations in the office. The only things to worry about are whether any decorations and their placing pose a fire risk or other health and safety hazard, for example long wires along the floor causing a tripping risk, or faulty Christmas lights.

3. Secret Santa

While Secret Santa is an exciting concept, it is important that staff are advised in advance what is and what is not acceptable to give colleagues as a Secret Santa gift. Some examples of unsuitable secret Santa gifts are those that may cause offence for example suggestive calendars, lingerie, or anything that may directly or indirectly refer to someone’s age, sex, race/nationality, and sexual orientation, or any other protected characteristic.

4. The venue

Some Christmas parties may take place at work premises or as is quite often the case an external venue might be booked such as a hotel, or a local bar/restaurant. Ensure that the venue is suitable in terms of location and taste and that staff are able to get to and from the venue with ease, and if it is a remote location that taxis and transport are provided to ensure that everyone safely gets home.

5. Catering at the party

Remember that some members of staff may have food allergies and intolerances and so it is important that this is looked into before ordering any food. In addition, some members of staff may have religious beliefs which prohibit them from consuming certain foods. It is increasingly common these days to also order Halal and Kosher options or to ensure that they are catered for. Some members of staff might be vegetarian or vegan and so these food options should also be included.

6. Alcohol

While a flowing bar may seem like a great idea, it is important for employers to recognise that not everyone wants to drink alcohol. This may be for religious or health reasons, and there may be staff who may have had problems with alcohol. It is, therefore, recommended that employers ensure that there are plenty of non-alcoholic options and water available in addition to alcohol. It is also sensible to designate a senior member of staff to keep an eye on proceedings and who are willing to remain sober and who can ensure that staff do not get too worse for wear. If there are young members of staff or their family members attending, then remember that they are not legally allowed to drink under the age of 18.

7. The use of social media

We all like a good photo of the team at the office party or may find it hilarious to it record the boss and their attempts at karaoke, however, it is important to be aware of posting pictures and images online which may infringe a colleagues’ right to privacy and data protection. It is, therefore, important to have social media policy in place and to follow it so that staff are aware of the repercussions of breaching the policy. It does no harm to issue reminders of the policy to staff before the Christmas party.

8. The duty to prevent sexual harassment

It is important to remind employers that they are vicariously liable for the acts and omissions of their staff (and third parties such as clients, contractors or vendors) and this includes any acts of harassment, discrimination and other uninvited and unwanted conduct. The risk is especially heightened at an office Christmas party. Since October 2024, employers have been under a duty to take reasonable steps to prevent sexual harassment, and this includes external events like the office Christmas party which, in reality, is an extension of the workplace. It is also recommended that employers issue a notification to staff before the Christmas party to set out as a timely reminder what is considered to be unacceptable behaviour and to adopt a zero-tolerance approach. This is part of a general risk assessment exercise designed to minimise any fallout and to protect the business. In the event that there are any complaints and allegations made then employers will need to follow their internal disciplinary and grievance policies to ensure that they are properly investigated and transparently. It is also worth mentioning that any failure on the employer’s part to take reasonable steps to prevent sexual harassment can result in a 25% uplift in any employment tribunal award and runs the risk of enforcement action by the Equalities and Human Rights Commission. There is also the risk of adverse publicity as some incidents can attract media attention.

9. Planning for absenteeism

For some reason, Thursday seems to be a popular day for the office Christmas party and with it there is a temptation for staff to go off sick the following day. It is important for employers to manage expectations by informing staff that they are expected to work the next day and to acceptable standards. As an employer, you may want to allow a later start time or suggest flexible working to accommodate getting home late. Any time taken off on the basis of sickness absence will need to be dealt with in accordance with the employer’s sickness absence policy and any sickness that is not genuine can be dealt with via a disciplinary policy if it is suspect.

10. Keep staff safe

Notwithstanding all the above, it is important to ensure as has been indicated above that staff get home safely and so do consider providing transport and taxis if the venue is remote and public transport in unreliable. Ensure that your designated sober member of staff has responsibility for ensuring that everyone actually gets home safely.

11. What if things go wrong?

Unfortunately, nothing is ever fool proof and if there are incidents at the party or if complaints are made then it is important that employers investigate them in a reasonable, timely and thorough manner. Employers are reminded that staff can raise grievances and that any reasonable belief that wrongdoing has occurred should be dealt with in accordance with the employer’s disciplinary procedures.

12. Above all else enjoy

As long as employers keep these issues in mind and are pro-active and plan ahead and are upfront with their staff as to what is and what is not acceptable, then there should hopefully not be any problems. Without being labelled as Scrooge, it is necessary to consider all of these things that have been set out, and it will also protect an employer in the event that they are the subject of any spurious allegations or there is any fallout at or after the Christmas party.

If you have any questions relating to this article or would like a follow up consultation then contact Steven Eckett, Partner and Head of Employment, England.

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