Workplace Christmas parties can be a welcome chance for teams to relax and connect, but they also pose legal risks for employers. Even if the event is held off-site and outside working hours, it is often regarded as an extension of the workplace. Employers must consider inclusivity, behaviour, alcohol management, travel arrangements, and how to handle any misconduct that occurs. It is essential to approach the event with careful planning and awareness. If employers are unsure about their obligations, they should seek legal advice.
Many employers in England and Wales look forward to organising a Christmas party for their teams. It is an opportunity to end the year positively and show appreciation for colleagues. However, from a legal point of view, the informal nature of a social event can create uncertainty. A work Christmas party is not just a private celebration. It raises questions around discrimination, harassment, behavioural expectations, and employer liability. In this blog, I will examine the main legal concerns, practical steps employers can take, and ways to minimise the risk of issues occurring.
- Is the Christmas party part of the workplace?
One of the most important points to understand is that a Christmas party can be regarded as part of the employment environment. Case law, such as the decision in Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214, demonstrates that even events held away from the office and outside normal hours can fall within the scope of employment.
Therefore, employers should handle the event according to their usual standards and policies. Behaviour that is unacceptable in the workplace is unlikely to be tolerated at the party, and employers could be held responsible for misconduct if they have not taken reasonable steps to prevent it.
- Inclusivity, attendance and venue choice
Choosing a venue and planning the event might seem simple, but employers must remember their duty to treat staff fairly. To make the event as inclusive as possible, it is useful to consider a range of factors.
Bringing staff together at a social event will impact individuals differently. Bridging the gap between an enjoyable and a fair occasion requires thoughtful planning. The following points provide guidance on how to foster inclusivity in the celebration:
- Think about whether the venue or format might unintentionally exclude some staff. For instance, a setting heavily centred on alcohol could create problems for those who abstain for religious, cultural, or personal reasons. Choosing a neutral venue often proves more suitable for a diverse workforce.
- Consider timing and accessibility. An evening event might not be suitable for staff with caring responsibilities or those who need to travel home long distances. Holding the party right after work or providing several options could help more people attend.
- Ensure non-alcoholic options and dietary requirements are adequately catered for. This shows a genuine intention to include everyone and prevents staff from feeling sidelined.
- Make it clear that the event is voluntary and that not attending will not disadvantage anyone. This helps prevent any feeling of pressure and reduces the likelihood of complaints about indirect discrimination.
By addressing these considerations early, employers can organise an event that is enjoyable, fair and legally sound.
- Setting expectations of behaviour and managing alcohol.
It is crucial to communicate expectations before the event. A brief, friendly reminder can help prevent misunderstandings and emphasises that this is still a work-related occasion. Highlighting behavioural standards can also support the employer’s position if incidents occur later.
- Remind staff that conduct policies still apply, including policies on bullying, harassment, discrimination, and social media.
- Plan how to manage alcohol consumption, whether that involves limiting the amount available, using drink tokens, or ensuring supervisors monitor behaviour.
- Ensure non-drinkers are equally accommodated with appealing alternatives, maintaining an inclusive tone for everyone.
- Consider transport and travel arrangements, especially if the venue is distant from the office. The employer’s duty of care extends beyond just the workplace door.
These steps illustrate responsible planning and may help prove that the employer has taken reasonable measures to prevent inappropriate behaviour.
- Dealing with misconduct during and after the event
If misconduct does occur, employers should address it in the same manner as any other workplace incident. The fact that a party is involved does not negate the need for investigation, fairness, or proper documentation.
- Follow your disciplinary procedure and investigate promptly.
- Where suitable, collect witness evidence promptly while memories are still fresh.
- Do not dismiss complaints just because the incident occurred in a social setting.
- Absences or lateness the following day should also be managed according to your usual policies.
Consistently addressing issues helps uphold fairness and minimise legal risks.
- Risk assessment and legal duties, especially in relation to harassment
Christmas parties inherently involve risks, especially when alcohol is present. Employers in Great Britain now also have a legal obligation to take reasonable measures to prevent sexual harassment at work under the Worker Protection (Amendment of Equality Act 2010) Act 2024. That obligation applies to work-related social events.
To fulfil these responsibilities, employers should adopt a proactive approach. Before the event, take time to consider what might go wrong and implement simple controls to reduce those risks.
- Carry out a risk assessment concentrating on behaviour, venue layout, alcohol, and the diversity of attendees. A written assessment is useful and demonstrates a clear commitment to fulfilling the duty responsibly.
- Ensure that anti-harassment and equality policies are current and that staff are aware of their location.
- Communicate behavioural expectations clearly, rather than assuming people will know what is acceptable.
- Ensure managers or senior staff are ready to step in if behaviour becomes inappropriate.
These measures not only safeguard employees but also assist the employer in demonstrating that it has taken reasonable and proportionate preventative steps.
- Practical checklist for a safe Christmas party
A structured checklist can assist employers in covering the essentials. While each organisation is unique, the following points provide a helpful starting framework.
Before the event, decide what kind of party you want to host and who will be invited. Then move on to the practicalities such as venue, policies, and communication. The checklist below highlights areas that often cause difficulties.
- Select a venue and time that suit most staff, steering clear of backgrounds that emphasise alcohol or could exclude certain groups.
- Invite all eligible employees, including those on maternity leave, sick leave, or part-time hours. This promotes fairness and prevents complaints about exclusion.
- Communicate expectations beforehand, including conduct rules, dress code, and the importance of behaving respectfully.
- Ensure that relevant policies are in place and disseminated, especially those concerning harassment, social media, and alcohol.
- Plan how you will monitor the event, for example by having senior staff available to support colleagues and deal with any issues discreetly.
- Arrange safe travel options where possible or at least indicate local transport sources.
- After the event, handle any concerns or complaints following your internal procedures and record any actions taken.
Used sensibly, checklists help employers prevent oversights while maintaining a pleasant atmosphere at the event.
- Why it matters and what the consequences are
A Christmas party can be a positive part of the working year, but the legal implications should not be overlooked. Poor planning or lack of oversight can lead to harassment claims, discrimination allegations, reputational damage, and even vicarious liability for employee misconduct. Conversely, careful preparation helps ensure the event is remembered for the right reasons.
Final Guidance
Employers organising Christmas parties should plan ahead, communicate clearly, and consider inclusivity and safety. The legal responsibilities that apply at work usually also apply at the party. If you are unsure about your obligations or need assistance with a particular issue, it is wise to seek advice from your solicitor before the event.
To speak with Louisa about this or any other aspect of Employment Law, please call 01483 887766, email info@hartbrown.co.uk or start a live chat today.
*This is not legal advice; it is intended to provide information of general interest about current legal issues.
