How to avoid the Christmas present you do NOT want!

How to avoid the Christmas present you do NOT want!

You do not have to be the Christmas GRINCH, but you do have to be careful. 

The festive season is a time for celebration, and pre-Christmas functions have become a staple for many businesses, providing an opportunity for staff to relax, build camaraderie, and reflect on the year’s achievements. However, these events can also pose significant risks if not managed. Issues such as misconduct, alcohol-related incidents, and breaches of workplace policies can lead to legal, financial, and reputational damage to businesses. As a business owner, it is important to understand these dangers and implement steps to mitigate the risks and potential liabilities associated with hosting pre-Christmas functions.

Common Risks at Pre-Christmas Functions

1. Alcohol-Related Incidents
   • Excessive alcohol consumption is often a key contributor to problems at workplace events. It can lead to impaired judgment, inappropriate behaviour, or physical altercations.
   • Intoxicated individuals may engage in behaviour that breaches workplace policies, such as harassment, discrimination, or even criminal acts.
   • Employees driving home under the influence may place both themselves and the business at risk of legal consequences.
2. Workplace Harassment and Misconduct
   • Christmas functions can blur the boundaries between professional and social interactions, increasing the likelihood of inappropriate comments, gestures, or actions.
   • Sexual harassment and bullying are two common issues that may arise, often exacerbated by alcohol or the informal nature of the event.
   • Misconduct during the function can lead to post-event complaints, investigations, and even legal claims against the business.
3. Discrimination and Inclusion Concerns
   • Not all employees celebrate Christmas or drink alcohol. Functions centred on these activities may alienate or exclude certain employees, leading to feelings of discrimination or unfair treatment.
   • If employees feel pressured to attend or take part, it could lead to claims of indirect discrimination.
4. Health and Safety Risks
   • Christmas functions often involve activities or venues that carry safety risks, such as slippery dance floors, outdoor venues, or team-building exercises.
   • Injuries sustained during the event may result in workers’ compensation claims, especially if the function is work-related.
5. Reputational Damage
   • Incidents at a workplace function can tarnish a business’s reputation, particularly in the age of social media, where footage or photos can quickly go viral.
   • Negative publicity may affect relationships with clients, suppliers, and other stakeholders.
6. Legal and Financial Liability
   • Employers can be held vicariously liable for employee behaviour at workplace functions, as these events are often considered an extension of the workplace.
   • Failure to prevent misconduct or ensure safety can result in costly legal proceedings.

Steps to Mitigate Risks and Liability

1. Define the Event as a Workplace Function
   • Communicate to employees that the Christmas function extends the workplace and that workplace policies still apply.
   • Reinforce that inappropriate behaviour, harassment, discrimination, and misconduct will not be tolerated.
2. Update and Communicate Workplace Policies
   • Ensure workplace policies on harassment, bullying, discrimination, and alcohol consumption are up-to-date and communicated to all staff before the event.
   • Provide examples of what is unacceptable behaviour in a social function.
3. Plan for Safe Alcohol Consumption
   • Limit the availability of alcohol to reduce the risk of excessive consumption. Consider providing drink vouchers or a time limit on bar service.
   • Offer a range of non-alcoholic drinks and ensure they are readily available.
   • Hire professional bar staff who can track and moderate alcohol service, refusing service to intoxicated individuals.
4. Promote Inclusivity
   • Plan activities and themes that are inclusive and considerate of diverse cultural and religious backgrounds.
   • Avoid alcohol-centric events and ensure those who choose not to drink feel equally included and comfortable.
5. Set Clear Expectations
   • Before the event, remind employees of the standards of behaviour expected at workplace functions.
   • Outline the consequences of misconduct, such as disciplinary action or termination of employment, depending on the severity of the behaviour.
6. Provide Transportation Options
   • Arrange for transportation to and from the venue to reduce the risk of drink driving. This may include taxis, ride-share services, or a chartered bus.
   • Encourage employees to plan their journeys home in advance and discourage driving if they intend to drink.
7. Assign Responsible Supervisors
   • Designate responsible managers or supervisors to track behaviour during the event and address issues as they arise.
   • Ensure they are trained in conflict resolution and know how to handle incidents discreetly and effectively.
8. Choose the Right Venue
   • Select a venue that aligns with the business’s values and policies, focusing on safety and accessibility.
   • Conduct a risk assessment of the venue to identify potential hazards and ensure they are discussed before the event.
9. Encourage Reporting of Incidents
   • Create a safe and confidential process for employees to report concerns or incidents that occur during the event.
   • Reassure staff that reports will be taken seriously and investigated in line with workplace policies.
10. Document the Event Planning Process
    • Keep detailed records of the planning process, including risk assessments, communications, and steps taken to mitigate risks.
    • These records can serve as evidence that the business tried to prevent incidents, should a legal claim arise.
11. Follow Up After the Event
    • Conduct a debrief with managers or supervisors to identify any issues or areas for improvement.
    • Address any complaints or incidents promptly and transparently, ensuring fairness and confidentiality for all parties involved.

Legal Considerations for Employers

1. Vicarious Liability
   • Under Australian law, employers can be held liable for the actions of employees at workplace functions unless they can show reasonable steps were taken to prevent misconduct.
2. Workers’ Compensation
   • Injuries sustained during the event may be covered under workers’ compensation if the function is work-related. Employers should make sure the venue and activities comply with health and safety standards.
3. Anti-Discrimination and Fair Work Legislation
   • Employers must make sure the event follows anti-discrimination laws and that all employees are treated equitably.
4. Privacy and Social Media
   • Employees should be reminded not to post inappropriate photos or videos from the event on social media, as this could lead to reputational damage or privacy breaches.

Best Practices for Business Owners

1. Start Early
   • Begin planning the Christmas function well in advance to address all potential risks and ensure the event runs smoothly.
2. Engage Employees
   • Consult with employees during the planning process to ensure the event reflects their preferences and creates an inclusive environment.
3. Seek Legal Advice
   • Consult with legal professionals to ensure compliance with workplace laws and mitigate potential liabilities.
4. Insurance Coverage
   • Review the business’s insurance policies to confirm coverage for workplace functions, including public liability and workers’ compensation.
5. Set a Positive Tone
   • Encourage senior leaders to model behaviour during the event, setting a positive example for all employees.

Conclusion

While pre-Christmas functions provide an opportunity to celebrate and strengthen workplace culture, they also come with inherent risks. By mitigating these risks, business owners can ensure a safe, inclusive, and enjoyable event for all employees while protecting the business from potential liabilities. Planning, communication, and vigilance are key to hosting a successful Christmas function that leaves employees feeling valued and appreciated without compromising the business’s reputation or legal standing.