Common questions which may come up include religious considerations, employees not turning up to work after the party, and conduct occurring outside the workplace. These Q&As will help ensure your event is one to remember, for the right reasons.
1. Is there any risk in holding a Christmas party if some employees belong to non-Christian religions?
It's very unlikely a court or tribunal would regard this as discriminatory, although there is no case law at present. A Christmas party does not really celebrate the Christian religion, it is more an event intended to thank employees for their work during the year and to improve staff morale.
However, when planning a Christmas party there are some religion-related issues you could consider:
- The Muslim religion prohibits association with alcohol, so holding a party in a local pub might be inadvisable if you have Muslim employees.
- Orthodox Jewish employees may have an issue with Friday-night events that finish late, due to the start of the Sabbath.
Therefore, you should review any arrangements that might cause disadvantage to certain religious groups when planning the date of the party, type of venue, any ‘theme’ for the party, drinks menu (non-alcoholic alternatives recommended), and food menu (wide range of options recommended, eg vegetarian).
Also, a lunchtime event rather than an evening one may better suit employees with family or carer responsibilities.
2. What about decorations at the party and workplace?
As above, Christmas in a work context is a seasonal rather than a religious event and there should be no problems. However, the use of ‘seasonal’ rather than ‘religious’ decorations is preferable.
3. Can we deduct pay from an employee who turns up late for work the day after the party?
Yes, if the employee’s contract, award, or agreement provides for deductions for lateness.
4. What if the employee doesn’t turn up the next day?
Many hung-over employees will simply take a ‘sickie’. Even if you strongly suspect the reason for non-attendance, you need evidence, not just suspicions. Normal sick leave/absence procedures will therefore apply in most cases.
You could consider stating in advance that disciplinary action may be taken in the event of absences that are not satisfactorily explained.
5. Could we be liable for harassment that occurs during a work Christmas party?
Yes. It is a work function and an employer can be vicariously liable if an employee harasses another employee. This applies even if the party is held outside working hours and not at the workplace.
6. What about inviting employees’ partners to the party?
If you do this, invite both same-sex and opposite-sex partners, to avoid discrimination.
7. Should we set out any rules for conduct at the party?
Without sounding like Scrooge, it is often a good idea to remind employees of their obligations while at the same time encouraging them to have a good time. Remind them that it is still a ‘work function’, and this requires responsible alcohol consumption, no use of illegal drugs, no harassment, no fighting/violence, and no inappropriate language. As above, you could state that any breaches of those rules may result in disciplinary action.
8. What is our obligation (if any) for staff getting home from the function?
There is no general obligation on an employer to provide transport home for employees after the Christmas party.
However, you should take steps to minimise the risk of injury to employees by specifying clearly the rules that apply to the event, as discussed above. Staff who may require assistance getting home should be advised to contact HR beforehand to make arrangements or contact designated management personnel on the night.
