An Employer’s Guide to Safeguarding Your Business against Christmas Party Risks
The festive season is a time to celebrate success, thank your team, and bring everyone together after a year of hard work. But for employers, Christmas parties can also bring legal and HR headaches if things go wrong.
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From alcohol-fuelled arguments to inappropriate behaviour and misconduct that spills into the next working day, it’s vital to remember that a work Christmas party is still a work event. What happens there can have real-world consequences for your business.
In this guide, we’ll explain how UK employers can manage Christmas party risks. Including what steps to take before, during and after an event, and how strong HR policies can keep your business safe, compliant and confident.
For help with your HR policies see our myHR service
Why a Work Christmas Party Is a Legal Risk
Many employers underestimate how quickly a festive celebration can turn into a legal issue. In the UK, an employer can be held vicariously liable for employees’ actions at work events. Even if they happen outside of normal working hours, or offsite.
That means that if a staff member harasses a colleague, assaults someone, takes drugs, or behaves in a way that damages your reputation, your business may be held responsible.
Common claims that can arise from Christmas party incidents include:
- Sexual harassment or discrimination
- Verbal or physical assault
- Bullying or intimidation
- Drug or alcohol misuse
- Damage to property or reputational harm
- Unfair dismissal (if discipline is handled poorly afterwards)
With the introduction of new laws in 2024 requiring employers to take reasonable steps to prevent sexual harassment, it’s more important than ever that you take proactive measures before the festivities begin.
Before the Christmas Party: Planning for Safety and Enjoyment
Preparation is the most effective way to avoid Christmas party problems. The goal isn’t to kill the fun — it’s to make sure everyone feels comfortable, respected, and safe.
1. Remind Staff of Expected Conduct
A week or two before the work Christmas party, send a friendly reminder outlining expected standards of behaviour. Emphasise that this is still a work function and that your company’s disciplinary, equality, and anti-harassment policies apply.
This doesn’t need to sound heavy-handed or preachy. A light, positive tone is a good approach. You can say that you want everyone to have a great night, of course. But this is also a reminder to staff that they need to respect boundaries and remember that they’re representing the company.
2. Review Your Policies
Make sure your HR policies and employee handbooks are up to date, particularly regarding conduct outside of work, social media use, and alcohol or drug misuse.
If you’re a myHR or 24-month HR & Policy Guarantee client, this is already covered. Our employment law team ensures your policies are legally compliant and reflect the latest tribunal guidance, giving you peace of mind all year round.
See our 24-month contract and handbook guarantee
3. Consider Venue and Accessibility
Choose a venue that suits your workforce and accommodates all staff, including those with disabilities, dietary restrictions, or religious requirements. A venue with clear transport options also helps minimise risks around drink driving.
If alcohol will be served, ensure that non-alcoholic options are equally available. Make it clear that drinking is a choice, not an expectation.
4. Appoint Responsible Persons
Consider designating senior staff to stay alert during the event. They don’t need to police the party but can step in early if someone appears uncomfortable or situations are escalating.
During the Christmas Party - Managing Behaviour in Real Time
When the event begins, your preparation pays off, but staying mindful during the evening is just as important.
1. Keep Things Inclusive
Encourage activities that don’t revolve solely around alcohol. Quizzes, raffles, or awards can help make the evening more inclusive and reduce overindulgence. Be aware that excessive drinking often leads to lapses in judgment and inappropriate comments or actions.
2. Address Issues Immediately
If someone behaves inappropriately, step in as soon as it’s safe to do so. Ask them to calm down, and if necessary, arrange for them to leave. For example, inappropriate behaviour can include using offensive language, making unwanted advances, or becoming aggressive.
Document what happened afterwards. A short, factual note about the incident will help you handle it properly later if formal action becomes necessary.
3. Watch for Social Media Risks
Remind staff not to post photos, videos, or comments that could embarrass others or damage the company’s reputation. What feels like harmless fun in the moment can look very different online the next day.
After the Work Christmas Party - Dealing with Misconduct and Fallout
The morning after a work Christmas party is when many businesses discover issues that need handling carefully. Much as a bacon butty and a coffee is probably more on your mind post-event, it’s important to address any issue that have arisen from the event.
1. Take Complaints Seriously
If someone reports inappropriate behaviour, deal with it promptly under your grievance or disciplinary procedure. Even if the incident took place outside of the office, if it was connected to the work Christmas party, it’s still a workplace matter.
Investigate fairly and maintain confidentiality. Failing to act could expose your business to harassment [LINK - Sexual harassment lawyer for workplace compensation claims ] or discrimination claims.
2. Apply Disciplinary Procedures Fairly
If disciplinary action is needed, you must ensure that it follows your company’s policy and the ACAS Code of Practice. Investigate before deciding on a sanction, and make sure the punishment fits the behaviour. Over-reacting to a one-off lapse can cause more damage than the incident itself. So try to put things into perspective, even if your head is pounding and you have work to catch up on.
3. Support Affected Staff
If anyone was made to feel uncomfortable or unsafe, offer support. Remind them of your grievance procedure. If appropriate, provide access to your Employee Assistance Programme or an external counsellor. Showing care reinforces a healthy workplace culture.
Common Types of Misconduct that Can Arise from Work Events
Over the years, UK tribunals have seen a wide range of claims arising from work Christmas parties and similar social events. Misconduct can include:
- Sexual harassment. Unwanted advances, inappropriate comments, or physical contact.
- Racial or religious discrimination. Insensitive jokes, cultural mockery, or exclusion.
- Physical fights or verbal aggression. Often linked to alcohol misuse.
- Drug taking or possession. Zero tolerance applies here.
- Defamation or reputational damage. Such as negative comments about colleagues or management on social media.
- Property damage to venues or company equipment.
The message is simple. Even though it’s a party, the rules of professional behaviour still apply.
How Strong HR Policies Protect You
A well-written HR policy framework can be your best protection all round. Clear, consistent policies show employees what is expected. It also demonstrates to tribunals that your business takes reasonable steps to prevent misconduct.
That’s where our services can help.
myHR: Year-Round Support for Employers
Our myHR service gives your business ongoing access to employment law expertise. We act as your external HR partner, providing practical guidance, template policies, and real-time advice on handling issues like misconduct, grievances, or disciplinary investigations.
You get peace of mind knowing you can call us whenever you need, without worrying about hourly fees or unexpected costs.
For help with your HR policies see our myHR service
The 24-Month HR & Policy Guarantee
Our 24-month HR & Policy Guarantee ensures your employment contracts, handbooks, and policies remain legally compliant for two years. We’ll update them whenever laws change, so you’re never caught off guard.
This guarantee covers crucial updates such as new harassment duties, probation definitions, and day-one rights. Keeping your business safe and compliant all year, not just at Christmas.
See our 24-month contract and handbook guarantee
Your Work Christmas Party Should be Fun for All
A Christmas party should be a celebration, rather than a source of stress or legal exposure. With careful planning, clear communication, and robust HR policies, you can create an event that’s fun, inclusive, and risk-free.
By working with Winston Solicitors, you’ll have expert support behind you every step of the way. From drafting compliant policies to managing difficult situations with confidence, we’re here to protect your business and your people.
Call 0113 320 5000 or email employment@winstonsolicitors.co.uk to speak to our Employment Law team.
