After a year of working tirelessly, your team likely look forward to the staff Christmas party. However, as an employer, you must understand your obligations before planning your annual Christmas party. After all, the law requires you to provide a safe working environment for your employees. To help you understand these requirements, this article will outline your responsibilities as an employer when hosting your Christmas party.
Assessing the Environment
As an employer, you are responsible for your employee’s health and safety in the workplace. To fulfil this duty, you must assess the workplace and work events, including staff Christmas parties. There are a few key considerations when assessing the safety of a work environment. This includes:
- the likelihood of hazard or risk and the degree of harm that would result;
- what the employer knows or should reasonably have known about the hazard or risk;
- the availability and suitability of ways to eliminate or reduce the hazard or risk; and
- the cost of eliminating or reducing the hazard or risk.
Hence, you should ensure that the location of your staff Christmas party is an appropriate, low-risk environment.
What Are the Risks Associated With the Staff Christmas Party?
At a work Christmas party, you will likely provide some alcohol so your employees can raise a glass, meaning their:
- motor functions are less controlled or reliable;
- social inhibitions are lowered; and
- decision-making abilities are weaker.
All these effects are reasonably foreseeable. Hence, the law expects employers to consider them when planning and managing work functions.
Additionally, the law expects employers to consider how employees will get to and from the Christmas party. One way of dealing with this issue would be to set up a designated driver program which provides a reward for employees to transport employees to and from the event. Alternatively, you may arrange paid transport for your team, such as access to ride-share services.
Continue reading this article below the formChristmas Functions Can Still Constitute a Workplace
It may only take a couple of drinks for well-intentioned behaviour to turn into words or actions that make other staff members feel uncomfortable, harassed or intimidated. Also, tensions between staff members could erupt at work functions, particularly with the addition of alcohol. You should be careful to remind your employees that your Christmas function is an extension of the workplace. Therefore all existing workplace bullying and harassment policies still apply and will carry the same consequences as if they were at work.
Minimising Liability
To ensure your employees are safe at your Christmas party and to minimise your liability, you should put some practical measures in place. This may include:
- ensuring all employees are aware of and have access to workplace policies, many of which apply at workplace events;
- warning employees about the consequences of any poor behaviour;
- taking measures to ensure that underage employees do not drink alcohol;
- specifying the start, end and venue of the Christmas party;
- arranging for someone to be sober at the party to keep an eye on all other staff members; and
- addressing any poor conduct immediately by removing anyone who breaches workplace policies immediately from the event.
It is also worth noting that private companies can provide breath testing at events, which can benefit both staff and employers. So if you think drink driving is a potential issue at your work event, this is a measure worth considering.
As a business owner, you have a legal obligation to provide a safe workplace for your employees and customers. This free guide explains how.
Key Takeaways
As an employer, the law requires you to provide a safe working environment for your employees, including at the staff Christmas party. Before your staff Christmas party, you should:
- assess the environment of the party;
- consider the risks associated with the Christmas party; and
- take practical measures to limit your liability and protect your employees.
If you need assistance understanding your obligations as an employer, our experienced employment lawyers can assist as part of our LegalVision membership. You will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
At a work Christmas party, you will likely provide some alcohol so your employees can raise a glass, meaning their motor functions are less controlled or reliable, and their decision-making abilities are weaker. This may result in circumstances that make your employees uncomfortable or even put them in danger. As an employer, you are responsible for considering these risks when planning and managing work functions.
To ensure your employees are safe at your Christmas party and to minimise your liability, you should put some practical measures in place. This may include ensuring all employees are aware of and have access to workplace policies and warning employees about the consequences of poor behaviour. You should also arrange for someone to be sober at the party to manage your employees’ conduct.
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