The annual work ‘Christmas Do’ can prove to be a bit of a headache for employers and you can be held vicariously liable for the actions of employees during the celebrations.

The case of Chief Constable of the Lincolnshire Police v Stubbs and others makes it clear that an organised work event will fall within the definition of the ‘course of employment’.

So this is a gentle reminder for employers to consider the work Christmas party as an extension of the workplace, and should be aware of the potential for them to be responsible for any discrimination or sexual harassment by an employee.

Our top tips

• Remind employees of their behavioural obligations. An email round to attendees stating that the company harassment and disciplinary policies remain in force during the event will help everyone understand what is and isn’t acceptable;
• Remember that not everybody celebrates Christmas. All employees’ religious festivals and holidays should be accommodated, and people shouldn’t feel excluded due to their beliefs;
• If the party is held the night before a working day, make sure that employees are aware of what is expected of them in regards to absence following the event. All managers should be on the same page;
• Avoid an open bar! Yes, we all love an open bar but when it comes to the workplace, too much free-flowing alcohol is bound to cause issues;
• Try and make sure that the festivities are inclusive when it comes to employees who don’t drink alcohol or eat certain foods – catering for everyone will ensure nobody feels excluded;
• Avoid topics of promotion and remuneration whilst the drinks are flowing. Comments made by employers at social events on these topics have been held to be binding;
• Consider ordering taxis for employees following the event to ensure that they get home safely.