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Avoiding legal pitfalls at the office party
 
You don’t want to have a Scrooge and “bah humbug” approach to your Christmas office party, but there are a number of important legal pitfalls you should be aware of:
 
  1. The provision of alcohol is always a tricky one. You should always ensure that there are non-alcoholic beverages for those that don't drink (including on religious grounds) and for those that have to drive.  

  2. You should remember that employees of certain religious beliefs may be vegetarian or unable to eat certain foods, such as pork or beef.  You should ask beforehand about any special dietary requirements, so that these can be accommodated.

  3. There is a saying, that alcohol does not cause hangovers – waking up does! While this is true and parties often result in hangovers, you should make it clear before the party that you advise staff to keep alcohol consumption to moderate levels and that any absence the day after the party related to hangovers etc is not acceptable and may be treated as unauthorised absence.

  4. Don’t forget that you can be liable for your employees' actions at work-related social functions. Make it clear to all staff, in advance, that the company's rules of conduct and disciplinary procedures will still apply. 

    Harassment includes unwanted conduct, and you will have a responsibility for dealing with harassment which happens at an office party even though it may take place out of normal working hours and off company premises. In a recent employment tribunal case, an employee won damages from her employer after being fondled at a Christmas party by her boss.

  5. Think about the place and timing of the event. An evening event may preclude those with childcare commitments (although some will welcome the escape!) and an event on a Friday night may cause problems for Orthodox Jewish employees, because they have to be home an hour before dusk for the start of their Sabbath. The location is also important. An alcohol-fuelled party in a local pub could well offend Muslims whose religion forbids association with alcohol.

So, you should be careful about the proposed arrangements for your Christmas party plan ahead to avoid potential problems but once these are dealt with – enjoy the festive season!

If you have any questions about what to watch out for during the Festive Season please contact Louise on 07949552403 or infohr@indigohr.com

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