At the end of the year, parties, events and workplace celebrations prevail, offering great opportunities to mingle with your team. But care must be taken to ensure that your end-of-year event doesn’t become too eventful.
While good times and fun can produce amusing stories, more serious incidents can become an HR nightmare.
Employers should understand that their liability extends to outside events affiliated with their staff’s employment (such as employer-sponsored events, training workshops or even office parties).
Vicarious liability means that, as an employer, you can be held legally responsible for acts of discrimination or harassment that occur in the workplace or in connection with a person’s employment.
Employers can be liable for acts by their employees that occur at work-related events, such as conferences, training workshops, business trips and work-related social events, such as Christmas parties.
Employers owe a duty of care to their employees and must take reasonable steps to identify and reduce potential risks. The nature of workplace functions and consumption of alcohol heightens the threshold for what is required of employees to take ‘reasonable steps.’
By undertaking pre-event planning, you can implement precautionary measures to minimise potential risks while ensuring that your staff and yourself can have a good time.
To achieve this balance, it is recommended that the following reasonable steps be taken by employers and employees alike:
Lay Down The Law
Remind employees that workplace policy and appropriate behaviours are not only applicable to the events but also expected. Employees need to have been provided access to training on workplace policies related to bullying, sexual harassment, discrimination and OH&S and informed of behaviour expectations. Breaches during workplace events may result in disciplinary action. Make sure that
Ensure that policies related to bullying, sexual harassment, discrimination, and work health and safety are up-to-date and accessible. All employees must receive appropriate training regarding these policies.
- Advise employees that workplace policies could apply to planned and unplanned workplace events.
- Remind employees that workplace policies will apply to behaviour at these functions even when held off-site.
- Ensure that workplace policies allow for internal complaints and properly investigate all complaints.
Set Rules Around Alcohol
- Remind employees of the dangers of excessive alcohol consumption and drunk driving.
- Remind employees that ‘Secret Santa’ gifts must be appropriate. There can be a risk of harassment or discrimination claims if gifts are inappropriate.
- Responsible service of alcohol must also be taken into account to reduce the risks of sexual harassment, bullying and accidents. Ensure that food and non-alcoholic drinks are available. Consider the needs of staff with dietary or cultural requirements.
- If employees become too intoxicated at a work party, they should be told to stop drinking. If necessary, they should leave the function with safe transport arranged.
Employee Safety
- Ensure that the chosen venue and activities do not present inappropriate risks.
- Undertake a risk assessment of the venue to identify safety hazards.
- Set specific start and finish times for workplace functions, and note that parties following after the function are not endorsed by the employer.
- Ensure that employees can get home safely. You could provide taxi vouchers or organise a shuttle bus.
- Check your employee insurance policy to see if the function is covered.