The Work Christmas Party - Harassment, Safety & Duty of Care

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The work Christmas party is supposed to be the one time of the year when everyone can get together and spend time with colleagues in an informal environment, celebrating the successful completion of another busy year.

However, whenever you put a large group of people in a room with food, alcohol, music and a dancefloor, sometimes (whether intentionally or not) things can get out of hand.

Most Christmas parties go without any hitches whatsoever, but unfortunately there can be occasions where things go too far, which can result in incidents such as accidents or harassment.

This article examines several types of incident that may occur during a work Christmas party, and explains an employer’s duty of care at events outside of the workplace, referencing ACAS guidelines.

The work Christmas party

What is ACAS?

ACAS is a free, online Legal resource providing valuable Legal information about employment for employees and employers, including rights and responsibilities.

What does ACAS say about work Christmas parties and employee conduct?

ACAS has provided clarity on employee misconduct in situations outside of the workplace, such as the company Christmas party:

‘An employee could face disciplinary action for misconduct outside work. For example, where an employee’s behaviour in front of external clients at the work Christmas party reflects badly on the company.

‘It depends on how serious the misconduct is and whether it could affect business. It’s important the employer carries out a thorough investigation and can show the effect on the business.’

What is an Employers’ Duty of Care?

Employers have a legal duty of care towards employees. Health and safety Law dictates a specific set of rules they must adhere to, ensuring that they do all they reasonably can to ensure the safety of workers’ health and wellbeing. These rules include:

Providing a safe working environment
Doing risk assessments and taking action based on what they find
Doing everything they reasonably can to protect workers from discrimination and bullying

These rules include work-related events, meaning that employers must also take responsibility for incidents occurring at staff Christmas parties.

Employers’ Liability – what is it and what does it cover?

Due to the above legal requirements regarding health and safety, Employers’ Liability means that employers are legally responsible for accidents and incidents occurring both at work and at work-related events.

What is Harassment?

As stipulated in the Equality Act 2010, harassment exists in three forms:

Harassment related to certain ‘protected characteristics’
Sexual harassment
Less favourable treatment as a result of harassment

What is Harassment related to a protected characteristic?

There are the seven protected characteristics which must be respected under the Equality Act 2010. These are as follows:

Age
Disability
Gender reassignment
Race
Religion or belief
Sex
Sexual orientation

If any behavour is to be considered harassment, it must have either:

Violated the person’s dignity
Created an intimidating, hostile, degrading, humiliating or offensive environment for the person

It can be harassment if the behaviour:

Has one of these effects, even it was not intended
Intended to have one of these effects, even if it did not have that effect

By law, whether someone’s behaviour counts as harassment depends on:

The circumstances of the situation
How the person receiving the unwanted behaviour views it
If the person receiving the behaviour is ‘reasonable’ to view it as they do

If someone were to make an harassment claim to an employment tribunal, the judge would consider whether a ‘typical’ person would see the behaviour as harassment.

Can I make a compensation claim for harassment and sexual harassment?

Yes you can. Harassment and sexual harassment are never acceptable. If you have experienced any form of harassment, report it to your team leader, manager or HR. If things are not resolved in a satisfactory manner, you may wish to consider taking legal action.

Our expert team is available to take your enquiry on 0113 200 9720, and all discussions are strictly confidential.

What is Workplace Discrimination?

Discrimination in the workplace is when you are being treated unfairly at work because of who you are. This could include your gender, sexuality or religion, and it could be from any employee, including managers and colleagues.

Laws are in place to protect employees from discrimination at work under the Equality Act 2010. If you believe you have been discriminated against due to one of the protected characteristics described in this article, you may be entitled to make a claim.

According to ACAS, the definition of workplace discrimination is when you have been subjected to less favourable treatment at work directly because of a protected characteristic.

What does Workplace Discrimination look like?

Discrimination in the workplace is not necessarily obvious. See below the different forms of discrimination which may present themselves at work:

Direct Discrimination – Treating a person less favourably because of one or more Protected Characteristics.
Indirect Discrimination – There may be a workplace provision, criterion, or practice (PCP) which is not intended to be discriminatory but which has the effect of disadvantaging employees with a particular Protected Characteristic. For example, a policy that unfair disadvantages a group of employees with one of the Protected Characteristics.
Harassment – Harassment occurs when an employee is subjected to unwanted conduct relating to one or more Protected Characteristic which has the purpose or effect of either violating the employee’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment for the employee.
Victimisation – Victimisation means being ‘punished’ for reporting something at work that you believe is unfair such as being discriminated against.

Accidents at the Christmas party

Your employer has a duty of care to provide a safe working environment. This extends to workplace functions and events, even if they are offsite.

Therefore, if you are injured at a staff Christmas party through no fault of your own, your employer would be liable and it must be reported and handled as if it occurred in the workplace.

Enjoy yourself but behave accordingly!

Have fun at the staff Christmas party, but remember that you are representing both your employer and your professional image.

Bad dance move and tuneless karaoke are harmless, but just think twice before saying or doing something that may have very real repercussions that go beyond a bad hangover.

Should I report an incident a work Christmas party?

Yes, definitely. If you have suffered an accident or experienced harassment, sexual harassment or discrimination, make sure it has been reported according to workplace procedures.

If no resolution or satisfactory resolution has been made, you may feel that it is time to seek legal representation.