Health and safety
Employers have a duty under the Health and Safety at Work etc Act 1974 to ensure the health, safety, and welfare of their employees, which extends to work-related social events. It is important to assess the risks associated with the party venue and ensure that appropriate measures are put in place to mitigate health and safety hazards. If using an external venue, the venue should pass on any information to you regarding their own risk assessments for guests so that you can communicate the key points to your staff to help keep them safe.
Alcohol consumption
While expecting staff to remain sober where alcohol is provided is likely to be unreasonable, employers should consider limiting the number of free alcoholic drinks available. As well as key practical arrangements, employees should be informed of any transport arrangements for getting home safely after the party.
Designating senior (sober) staff to monitor the event and act as a point of contact for attendees is also recommended.
Sexual harassment
The most likely employee claim (or employee grievance) to arise as a result of a party is for harassment, usually sexual harassment. The Worker Protection (Amendment of Equality Act 2010) Act, which came into force in October 2024, requires employers in England, Scotland, and Wales to take reasonable steps to prevent sexual harassment at work, which includes work-related events, such as employer-organised Christmas parties.
Employers should have an up-to-date sexual harassment policy and communicate expected standards of behaviour before the event (see the suggested template letter to employees regarding work party on the FSB Legal and Business Hub).
Discrimination
Employers must consider potential discrimination aspects, such as ensuring the venue is accessible for any disabled employees where possible.
Employers are generally liable (i.e. vicariously liable) for other types of unlawful harassment by employees at work-related events (including work parties) (such as on the grounds of sex or race) where an employee brings a claim on this basis in the Employment Tribunal; unless the employer chooses to defend a claim on the basis it took all reasonable steps to prevent the unlawful harassment from occurring. Gently reminding staff of the expected standards of behaviour and any key aspects of relevant policies in advance of work events is also advisable for this reason.
Other considerations
It is important to provide a choice of non-alcoholic drinks and accommodate dietary requirements. Ask employees to inform you in advance if they have any particular dietary requirements (including allergies) so that you can pass this information on to the venue for catering purposes.
If the day after the work party is a working day, remind employees to book annual leave in the normal way if needed to reduce the risk of employees calling in sick the next day. Where employees are absent from work without a good reason, this can be dealt with under the employer’s disciplinary procedure if appropriate.
Employee feedback
Gathering feedback from employees after the event can help address any issues and improve future events.
Please see the fact sheet on work parties on the FSB Legal and Business Hub for further guidance.