Christmas functions are a great way to celebrate the year’s achievements and reward employees, but poorly planned and executed functions can lead to sticky situations and potential legal issues.
Employers have a duty of care to provide a safe working environment for employees which extends to work functions. Employers can be held vicariously liable for the actions of employees if all “reasonable” steps to prevent inappropriate behaviour are not taken.
The key to reducing legal risk and ensuring workplace culture stays intact during the silly season is in preparation and planning. Keep the following considerations in mind when planning your upcoming Christmas function (or any function for that matter)!
1. Provide all details of the event to employees. Employees should be advised of the start and finish times in advance as well as the venue of the function. If specific timeframes and venues are not communicated, an employer may be liable for any misconduct even after the official office function has ended. Remind employees that any activities they undertake after the finishing time (or venue) of the event are not the employer’s responsibility. See this link to access a free copy of Checkside’s Work Function Memo template which you can adapt for each of your work functions and help ensure all necessary details are covered: View Memo
2. Update relevant policies. In order to ensure compliance with occupational health and safety requirements and limit your vulnerability to claims of negligence or breach of duty of care, ensure your code of conduct, bullying, harassment and discrimination, and drug and alcohol policies are clear, robust and up to date.
3. Circulate relevant policies. Set boundaries of what is acceptable behaviour and what will not be tolerated at work functions by notifying staff via email or holding meetings prior to the event to communicate relevant company policies. Emphasise the fact that inappropriate behaviour such as excessive alcohol consumption or harassment at any work functions will result in disciplinary action.
4. Ensure senior leaders set the example. It’s management that other staff will look at on the night for guidance on how to behave. Work with managers prior to the event to set boundaries prior to the event, and make sure that management live and breathe them.
5. Provide alternate options to full strength alcohol. Ensure light alcoholic and non-alcoholic drinks are available and that there is plenty of food.
6. Limit ‘quick access’ to alcohol. Requiring employees to go to the bar to get a drink instead of having full bottles of alcohol sitting on tables can help reduce the amount of alcohol consumed.
7. Provide other entertainment or focuses. Alcohol should not be the only focus of the night. Consider providing other forms of entertainment such as speeches, games (the non-alcoholic kind), performances or fun quizzes and competitions.
8. Provide transport info. Ensure employees are able to get home safely at the end of the function by providing taxi vouchers or information on available public transport options such as trains and buses.
9. Consider your stance on social media use at work functions. Employees are not only connected to friends, family, and colleagues through applications such as Facebook, Instagram, Twitter and Snapchat, but can also be connected to their professional contacts through LinkedIn. There’s a risk that unprofessional comments or posts will be associated with the reputation of the employer. Circulate your social media policy if you have one, otherwise remind employees to think before posting at a work function.
If you keep these considerations in mind during the lead up to the festive season, you will be on your way to ensuring your company and employees start 2015 on the front foot!