As the festive season approaches, many businesses are gearing up to celebrate the end of the year with a work Christmas party. While these events are a great way to boost morale and show appreciation for your team, they also come with potential legal risks. Start thinking about protecting your workplace against the risk of sexual harassment.
Here’s what you need to know to ensure your celebration stays festive without any unwanted issues.
1. Assess your risk
Get your managers together and have a chat about the risks for your Christmas party whilst you’re still in the planning stages. Is there alcohol being served? Are there spaces to break away without staff being properly observed? Is there a sober staff member allocated to make sure everyone behaves themselves? How will everyone get home safely? What time does the party finish? You may need to make some tweaks to your plans to stop some of these risks materialising.
2. Remind staff of workplace policies
Before the party, it’s crucial to provide a refresher on workplace policies, especially those related to behaviour, alcohol consumption, and harassment. Remind everyone that they still apply to workplace events. A simple reminder can help set the tone for a fun and respectful gathering. Employers are still responsible for maintaining a safe environment, even during social events outside of work hours.
Review, update and share your workplace policies and relevant procedures, including:
- Discrimination, Bullying and Harassment
- Drug and Alcohol Use
- Social Media Use
- Misconduct
- Grievance and Dispute Procedures
- General Conduct Expectations
3. Consider your duty of care
Employers have a duty of care to their staff, even at the Christmas party. This means ensuring that the venue is safe, appropriate food and drinks are provided, and transportation options are available. If alcohol is served, make sure there are non-alcoholic alternatives besides water such as soft drinks, juice, tea and coffee. Encourage responsible drinking. To ensure that employees can get home safely, you could provide transport or offer taxi vouchers.
4. Set clear expectations around behaviour
Although it’s a festive event, inappropriate behaviour at a work party can lead to serious consequences. Make it clear that the same standards of conduct expected in the office apply at the party. Ignoring bad behaviour could expose your business to liability risks, including claims of harassment or discrimination.
5. Address problems immediately
If any inappropriate behaviour occurs during the party, it’s important to address it at the time. The risks of liability are higher if issues are ignored or left unresolved. Documenting incidents and having a clear process for follow-up can protect your business and ensure any matters are dealt with appropriately.
6. Remember to have fun
A work Christmas party can be a memorable and positive event for your team. By keeping these tips in mind, you can celebrate the end of the year without worrying about potential legal problems. Planning carefully, setting expectations, and addressing issues promptly will ensure the party is a success for everyone involved.
Comfortable with those tips? Now try our Sexual Harassment Business Health Check Quiz
If you want to be sure you’ve got the right steps in place as an employer against the risk of sexual harassment, Curium Legal’s free quiz will help you assess and implement any key changes that might be needed in your business.
Workplace Sexual Harassment laws changed on 6 March 2023 and further recent changes in September 2024 means this area is ripe for disputes. Make sure you have implemented changes to show your proactive management of this risk, or if this project is in your too hard basket, reach out to us for help.
Need some help navigating the changes?
Here at Curium Legal, we have the unique blend of employment law expertise, regular appearances in Fair Work, AICD Company Director training and director positions with numerous regional boards. We are uniquely qualified to offer governance consultancy services so businesses don’t have to navigate these changes alone.
To enquire contact Sarah on 0492 945 068 or sarah@curiumlegal.com.au
1800RESPECT
If you or someone you know needs support, you can contact 1800RESPECT the national domestic, family and sexual violence counselling, information and support service.
Call 1800 737 732, chat online via the website www.1800respect.org.au or text 0458 737 732.
