Don’t Let Your Christmas Party Become a Workplace Claim

Christmas parties and workplace risk

Work Christmas parties provide a well-earned opportunity to have fun with your staff and celebrate your achievements. But employers should remember that workplace obligations don't necessarily stop when the function moves offsite or outside normal working hours.

A work Christmas party can still be connected with employment, meaning employers need to consider workplace health and safety, employee conduct and discrimination and harassment risks.

The Sex Discrimination Act also places a positive duty on organisations to take reasonable and proportionate measures to eliminate, as far as possible, sex discrimination, sexual harassment, sex-based harassment, hostile workplace environments on the ground of sex and related victimisation. This duty can apply to staff drinks and functions, including events held away from the usual workplace.

WHS obligations also apply to risks arising from work activities, including psychosocial hazards such as sexual harassment, bullying, poor workplace relationships and other harmful conduct.

How can employers minimise risks at work functions?

A little planning before the event can help employers manage risks without taking the fun out of the celebration.

Set clear expectations

Remind employees that workplace policies and standards of behaviour continue to apply at work functions. This includes your code of conduct, sexual harassment and discrimination policies, and any relevant alcohol or drug policies.

Employees should understand what behaviour is expected and how they can raise concerns if something goes wrong.

Manage alcohol responsibly

If alcohol is being served, think carefully about how it will be provided and monitored.

Consider limiting the amount of alcohol available, providing plenty of food and non-alcoholic options, and ensuring employees are not encouraged to drink excessively.

Consider inclusion and accessibility

Plan the event with the diverse needs of your workforce in mind.

Consider accessibility, dietary requirements, cultural practices, religious beliefs and whether the timing, location or format of the event could unnecessarily exclude employees.

Check the venue

If the event is being held at an external venue, consider whether it is suitable and whether there are any obvious safety risks.

Think about factors such as crowding, access and egress, security, accessibility and how employees will get home.

Plan safe transport

Consider how employees will get home safely, particularly if alcohol is being served or the event finishes late.

Depending on the circumstances, this might include arranging transport, providing taxi or rideshare options, or making sure employees know what support is available.

Remind employees how to report concerns

Make sure employees know who they can speak to if they experience or witness inappropriate behaviour.

Clear reporting pathways and a prompt, sensitive response can help prevent a concern from escalating.

What if something goes wrong?

Employers should be prepared to respond if an incident, complaint or allegation arises from a work function.

This might include a WHS incident, inappropriate conduct, bullying, sexual harassment or another workplace complaint.

The response should be timely, fair and appropriate to the circumstances. Depending on the nature of the issue, an investigation may be required.

In some circumstances, an independent workplace investigator can provide the objectivity and expertise needed to manage a sensitive matter, particularly where there may be a conflict of interest, senior employees are involved or the allegations are particularly serious.

Read When to hire an Independent Workplace Investigator >

Don't forget the risks after the party

Workplace risks don't necessarily end when the event finishes.

Employers should also consider what happens if employees continue socialising after an official function, particularly where the original event involved alcohol, senior staff or workplace relationships.

You should not assume that conduct occurring away from the workplace or outside normal hours is automatically unrelated to work. The circumstances will determine whether workplace obligations are engaged. The Australian Human Rights Commission specifically recognises that unlawful conduct covered by the positive duty can occur at staff functions and between colleagues outside the workplace and outside work hours.

A little planning can prevent bigger problems

Christmas parties should be an opportunity to celebrate, not create unnecessary workplace risk.

Before your next work function, take the time to review your policies, set clear expectations, consider WHS and psychosocial risks, plan for responsible alcohol consumption and make sure employees know how to raise concerns.

A practical approach to risk management can help employers create a safer, more inclusive workplace while still allowing their teams to enjoy the occasion.

If you need help reviewing your workplace policies, managing a workplace complaint or assessing risks associated with your work environment, book a confidential discovery call with Workplace Plus.