Pictured: Rebecca Sawbridge

'Tis the season to be jolly', but for the region's employers the office Christmas party could prove to be quite the opposite, advises a leading Midlands employment lawyer.

Rebecca Sawbridge, head of employment at the Birmingham office of Freeth Cartwright, warns that employers should plan ahead to ensure the smooth-running of the company celebrations.

She explained: "The Christmas party is usually the time when employees feel that they can let their hair down and enjoy themselves, but this relaxation in behaviour is where the legal challenges can lie.

"Even if the Christmas party is outside normal work hours, employers need to remember that it is likely that an employee's actions at such an event would be considered to be 'in the course of their employment'.  Employers will therefore be liable for employee behaviour, unless they can demonstrate that they took reasonable steps to prevent negative conduct from taking place.

"The most common problems at corporate functions like these involve allegations of harassment and other forms of misconduct which is 'unwanted' or 'offensive' to the recipient. Typical examples include lewd remarks, inappropriate touching and racist jokes." 

Ms Sawbridge points out that there are some simple rules that companies can follow to help avoid any legal confrontation.

She said: "Firstly, employers should remind employees what behaviour is expected of them before the Christmas party and of the consequences for any breaches in their obligations.

"Any complaints or grievances raised following the Christmas party must be dealt with fairly and appropriately and must be consistent with any internal policies. Statements should be taken from relevant witnesses as soon as possible to prevent memories from fading over the Christmas break.

"Secondly, it's always a good idea to consider limiting the amount of free alcohol provided and provide some food to attempt to counteract the effects of the alcohol.  Employers should ensure that there are non-alcoholic refreshments provided so that those not drinking, whether for religious reasons or otherwise, are catered for. 

"Finally, it is important to note that the location of the party, if being held outside the workplace, should cater for any employees with disabilities. Also, any entertainment provided at the location should not have discriminatory or offensive content as employers can be liable for the acts of third parties."

Ms Sawbridge added: "If employers are uncertain about any aspect of their liabilities, then they should take professional advice before staging the party. With careful forward planning and by addressing potential legal issues at an early stage, employers can make the office party an event to remember, rather than one to forget!"