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Employment law and the holiday season – key insights for employers

Brendan Bah | Employment law and Christmas parties

With the holiday season in full swing, many employers are preparing for office Christmas parties and festive events. While these celebrations can boost morale, they also bring potential legal and HR challenges. I myself often get asked if I’m going to the office Christmas party, and whilst I’m normally the life and soul of parties, I struggle to turn my HR brain off. In this article, we provide practical advice for employers to navigate common issues during the holiday period and comply with updated employment laws, including recent changes to the Equality Act – without coming across as the Grinch.

Common employment law issues during Christmas parties

Christmas parties can sometimes result in unwanted incidents, especially when alcohol is involved. Reduced inhibitions may lead to confrontations, aggressive behaviour or even harassment. Here are some key steps to mitigate risks.

Managing workplace conduct

  • Set clear expectations: Remind staff that the event is work-related, and inappropriate behaviour may result in disciplinary action. You could provide examples, such as discriminatory language or harassment.
  • Limit alcohol consumption: Offer non-alcoholic drink options and ensure sufficient food is available to minimise excessive drinking.
  • Safety measures: Conduct a risk assessment of the venue to prevent accidents and ensure staff safety. Provide taxi numbers to avoid drink-driving incidents.

Promoting inclusivity

  • Invite everyone: Include employees on sick leave, maternity/paternity leave and other absences to make the event inclusive.
  • Accessibility: Verify that the venue is accessible for individuals with disabilities and offers appropriate facilities.
  • Dietary considerations: Provide vegetarian options and cater to dietary needs based on religious or cultural requirements.
  • Social media guidance: Advise employees not to post event photos on social media without the consent of those involved to avoid privacy issues.

Equality Act changes: New legal duty for employers

Recent amendments to the Equality Act 2010, effective from 26th October 2024, impose a positive duty on employers to take proactive measures to prevent sexual harassment. This includes incidents involving both colleagues and third parties at work events, including Christmas parties.

Key actions for employers

  • Communicate policies: Send pre-event emails reminding staff about workplace policies and expected behaviour.
  • Document efforts: Ensure all steps to prevent harassment are clearly documented to demonstrate compliance with the new requirements.

Additional support

To help you understand your obligations under the revised Equality Act, we’re hosting a webinar that delves into the new requirements. If you’re interested, contact Brendan Bah at 0113 487 3931 or ku.oc1737651145.fcl@1737651145habb1737651145, or James Austin at 01132 384 046 or ku.oc1737651145.fcl@1737651145nitsu1737651145a.sem1737651145aj1737651145.

By taking these proactive steps, employers can enjoy the festive season with greater peace of mind, knowing they’ve minimised risks and promoted a positive, inclusive work environment.

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