The office cHRistmas party
HR advice for keeping yuletide celebrations under control
The office Christmas party has come
under close scrutiny in recent years, with emerging litigation around drunk and disorderly behaviour, alcohol-fuelled violence and sexual harassment hitting the headlines.
UK legislation is clear: your office party is an extension of your normal work environment, whether you have your office party at a separate venue and outside working hours, or not. This also has the knock-on effect that employers are held responsible for their employees’ festive actions. It stands to reason that companies are anxious to avoid litigation around sexual discrimination and health and safety claims. Many have even been cancelling the office Christmas do as a result of the health and safety and employment legislation. But does this mean the death of the end-of-year work bash?
Ceridian LifeWorks expert Paul Avis thinks it shouldn’t.
As long as there is a balanced, enjoyable evening for all, then employers should not miss the opportunity to thank their staff for their hard work during the year. A clear statement of policy about acceptable behaviour, limited subsidy of alcohol and confirmation of whose responsibility it is to get to the venue and back and employees should have a great time and unwind - after all it can be the one time of the year when they socialise with people who they spend an awful lot of time with. This will help with team building in the long days of January as the photos get passed around! Paul Avis, Ceridian LifeWorks
Some helpful hints and tips
As the Christmas party is legally a work-related activity, it should be governed by a standards policy, just as much as other aspects of the workplace are. Both employer responsibility and employee behaviour standards should be outlined, along with the consequences of failure to comply. So what can you do to safeguard your company?
- Carry out a risk assessment at the venue in advance of the party, to identify possible hazards – this should include travel to and from the event.
- Prevent potential sexual orientation discrimination by inviting all types of partners, both opposite and same-sex, if employees’ partners are being invited.
- If you as an employer supply the alcohol or encourage its consumption, you may be legally responsible for the welfare of the employee if they suffer from drink-induced disasters, even if they occur outside of the party itself. So cut down on the amount of alcohol you supply, and issue advice about travel following the event - possibly even arrange transport.
- Advise your managers to avoid discussing employment contractual matters like salary, promotion or prospects in an informal setting, as the expectations created by these will be binding, even if the managers don’t recall the conversation.
- Decide to what extent you will be lenient with staff on the day after the office party, and advise employees of this beforehand. Health and safety considerations should be of utmost importance – your employees should not be expected to operate machinery if they’re not in a fit state to do so.
- Investigate all allegations of discrimination promptly, fairly, and in a sensitive manner.
- And finally, consider taking out Employment Practices Liability Insurance. This should cover legal costs in the event that a discrimination claim is brought against you this season.
The bright side
End of year celebrations shouldn't be all about doom and gloom for HR. Did you know that parties costing £150 or less per head are actually tax-efficient? This counts for spouses as well, and includes VAT as well as any transport or lodging provided by the company.
It's important to note that this tax break only applies to an annual Christmas party that is open to staff generally, and only for the amount above. If the cost exceeds £150 per head, HMRC has advised that the employees (and by inference the employer) will be taxed on the whole amount, not merely the excess over £150.
Ceridian wishes you well over the festive season!
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