Work Christmas party risks, employer responsibilities, and psychosocial safety
“’Twas a few weeks before Christmas, when all through the workplace, not a creature was stirring, not even a mouse…”
….that’s not entirely correct.
One creature that does traditionally stir at this time of year in many workplaces is the HR Manager, who plays the role of Scrooge as they keep busy advising their fellow workplace inhabitants that they need to behave at the upcoming work Christmas party, lest Santa will not be delivering his goodies this year!
For those of you that don’t have your own HR Scrooge inhabiting the workplace, please allow us to play the role and offer a friendly reminder: whilst Christmas is certainly a time of joy, goodwill, recognition and celebration of what has been achieved over the past year, there are genuine reasons to exercise caution in relation to work-related Christmas functions.
After all, you want the Christmas event to be remembered for the right reasons, not the wrong ones.
Why employers need to be careful at work Christmas functions
Even when a function is held after hours and offsite, it can still be considered connected to work; particularly if it’s organised by the business, paid for (in full or in part), promoted as a work event, attended by managers, and linked to work relationships and expectations.
If you need some convincing of the potential risks, consider the case in which an employee attending a work Christmas party fell off the dance platform during the festivities and broke her leg. She was deemed to have sustained the injury in the course of her employment, as there was an expectation that she would attend the event, and hence was eligible for workers’ compensation (Wolmar v Travelodge Australia Ltd). In another case (Fraser Coast Free Range Pty Ltd and Q-Comp), a worker was deemed to have sustained a work-related injury when at his work-funded Christmas party he was assaulted by another employee and suffered injuries to his collarbone and eye.
A modern reality: psychosocial safety is now front and centre
In the past few years, the risks to Australian businesses arising from Christmas and other work-related functions have increased even further given the elevated focus on psychological health at work. Regulators and courts have made it clear that psychosocial hazards (for example bullying, harassment, intimidation, humiliation, aggression, exclusion, unreasonable behaviour, and other risks to psychological safety) are not “soft issues”; they are workplace health and safety issues and employers need to take responsibility for them.
Work Christmas parties can create a perfect storm for psychosocial risk because:
- alcohol lowers inhibitions and increases the chance of boundary-crossing behaviour
- “banter” can quickly become bullying, harassment or discrimination
- power dynamics don’t disappear just because it’s a social setting
- some people feel pressured to attend, drink, or participate to “fit in”
- unresolved workplace tensions can surface in a public and emotionally charged environment
A simple rule of thumb for leaders is: if it wouldn’t be acceptable at 10:30am on a Tuesday, it’s not acceptable at 10:30pm at the Christmas party.
Practical tips for managing the risks (and protecting your team)
Here are some tips for managing the risks and protecting your team at work Christmas events.
Before the event
- Send a friendly staff email outlining what is acceptable and what is unacceptable.
- Refer to relevant policies (Code of Conduct, bullying and harassment, WHS etc) and advise that they still apply, regardless of when and where the function is being held.
- Emphasise restraint with alcohol.
- Have a clear start and finish time.
- Make it clear to staff that post-function activities are on their own time and the business does not endorse any activities that happen after the official function ceases.
- If you’re inviting partners, ensure your invitation is inclusive and does not leave you exposed to claims of discrimination.
- If you’re having a workplace “Kris Kringle”, “Secret Santa” or similar, ensure staff are advised that demeaning, offensive or insensitive gifts are a no-go.
- Appoint responsible managers to supervise and give them clear authority to act if they see inappropriate behaviour. (This is also a key psychosocial safety control; early intervention matters.)
- Check that your insurance policies cover the type of function you’re planning. If not, make a decision about whether or not you should go ahead with the event.
- If you can, hold the event offsite.
- Promote the event as a fun, activity-filled celebration where alcohol is not the focus.
At the event
- Ensure alcohol is served responsibly. If possible, ensure your employees are being served by Responsible Service of Alcohol (RSA) trained bar staff.
- Avoid table service and “top-ups” as it makes it harder for employees to keep track of how many drinks they’ve had.
- Ensure plenty of food and non-alcoholic drinks are available to everyone.
- Keep an eye on behaviour early (not just when things have clearly gone too far). If someone looks uncomfortable, targeted, or unsafe, step in promptly and discreetly.
- Take reasonable steps to ensure your team members are able to get home safely (some of our particularly generous clients provide cab vouchers/reimbursement or even book suitable accommodation for their staff).
If something goes wrong
- If someone gets too intoxicated, send them home safely straight away.
- If supervising managers are aware of inappropriate behaviour, take immediate steps to stop the behaviour.
- Follow your relevant policies and procedures carefully.
- (Generally subsequent to the function) Investigate properly and, if required, take disciplinary action in accordance with your discipline and termination policies and procedures.
- Don’t sweep incidents under the carpet and hope that they go away. Act quickly, fairly and decisively.
- Consider wellbeing supports for anyone impacted (including those who witnessed the behaviour). From a psychosocial safety perspective, how you respond matters almost as much as what happened.
Need help? Contact HR Scrooge HR Success
If you need help to manage these and other people-related risks in your business, get in touch, we’re happy to help.
“Satisfied that his work was done for another year, the HR Scrooge crushed another couple of party hats before scurrying off into the night….”
