Your employment law guide to Christmas parties
Office Christmas party season is upon us. After the past couple of years of lockdown, it may be extra fun this time! You might be tempted to really let your hair down, have a few drinks and properly relax with your colleagues.
However, you have to be a bit careful – especially at office Christmas parties, as they are seen as being in the ‘course of employment’.
What your employer should do (and not do) with regard to Christmas parties
You should not be put under any pressure to attend the office Christmas party. You might not want to go in case you catch Covid in a crowded place, because it doesn’t align with your religious beliefs, or because you just don’t fancy attending! And that’s fine. When you get the invitation, just say thanks but no thanks.
Equally, your employer should not deliberately exclude anyone from the invitation as that might count as discrimination.
They should advise attendees in advance about what behaviour is considered unacceptable, the consequences of misconduct, and what will happen if they are absent the next day.
As much as possible, they should ensure an inclusive range of food and drink is made available at the party, to cater for different diets.
They should appoint someone to monitor behaviour during the event. This person (or team of people) should stay sober and ensure things don’t get out of control.
They should not discuss anyone’s salary, performance or prospects at the event as any promises they make can be legally binding.
Your employer should also cater for religious festivals that fall at other times of the year. For example, if they don’t have a policy that grants time off for employees to observe their own religion, they may be discriminating under the equality legislation.
What you should do (and not do) at an office Christmas party
Here are our top tips:
- Don’t drink too much alcohol
- Alternate each alcoholic drink with a glass of water
- Don’t drink alcohol on an empty stomach
- If you have even one alcoholic drink, don’t drive
- Don’t say or do anything you wouldn’t do in the workplace
That last piece of advice might be a bit of a surprise to you. We’re not saying you can’t enjoy yourself, but you do have to remember you’re still ‘at work’ at a work event, even when you’re off duty. You can still be disciplined if you behave inappropriately outside the workplace, whether it happens before the work event, at the event, or after the event.
- Be careful what you do and say on the way to the party, at the party and even in the taxi on the way home afterwards
- Don’t flirt with anyone in a way that could be construed as sexual harassment
- Don’t bully or be abusive to anyone. Don’t engage in ‘office banter’
- Don’t gossip. If your tittle-tattle causes harm to a colleague, you may have disciplinary action taken against you
- Don’t say or do anything discriminatory, such as making racist, ageist or sexist remarks
- Don’t say anything that would bring your employer into disrepute
- Don’t assault anyone – this might be stating the obvious, but too much alcohol is known to lead to aggressive behaviour. Fighting constitutes gross misconduct and you can lose your job immediately, without any notice
The next day…
Don’t be late or take the next day off sick. If your contract allows, your employer might make a deduction from your wages or you could find yourself in the disciplinary process.
Taking time off (or not) at Christmas
You may not automatically be entitled to take paid time off at Christmas. It depends on your contract of employment.
- Monday 26 December 2022 is a bank holiday for Boxing Day
- Tuesday 27 December 2022 is a bank holiday as a substitute day for Christmas Day which falls on a Sunday this year
- Monday 2 January 2023 is a substitute bank holiday for New Year’s Day, because that also falls on a weekend this year
If you don’t usually work on the dates that are bank holidays, your employer can’t force you to use them as part of your holiday entitlement.
Want time off?
Don’t take unauthorised leave over the festive season (or anytime).
If you want to take some holiday, it’s a good idea to ask your employer for time off as soon as you can.
Don’t want time off?
If the business will remain open on bank holidays, you would usually work on those dates and you still want to do so, ask whether you can have a day off ‘in lieu’.
Whether you want to go in or not, your employer doesn’t have to say yes, but it’s always worth asking. Do it politely and in good time so you’re more likely to get the response you want.
If you end up working on a bank holiday, you are still entitled to your full 5.6 weeks of statutory annual leave as paid time off.
If a bank holiday falls when you’re on sick leave, maternity leave, paternity leave, adoption leave or shared parental leave (and bank holidays are included in your annual entitlement) you can build up paid time off to make up for missing those dates.
What your employer should do
When you joined the business or changed your working hours, your employer should have told you the rules that apply to bank holidays. Usually, this will be in your contract or staff handbook.
Depending on the type of job you do, your employer may decide to close over the Christmas period – if it says so in your contract, they have the right to force you to take paid holiday on those days. They must give you double the amount of notice. For example, if they want to shut for three days, they must tell you at least six days in advance.
On the other hand, your employer may be extra-busy over Christmas and not grant any time off.
How we help
Of course, we hope you have a great time and enjoy yourself without any issues. However:
- If your employer treats you badly, such as by applying an inappropriate sanction against you, you can make a claim
- If you’re accused of bad behaviour, your employer should conduct a proper investigation and follow a fair process. If they don’t, you can make a claim
We are employment lawyers who act for employees in Northern Ireland, England, Scotland and Wales. If things go wrong before, during or after your office Christmas party, please let us know. We’ll explain your options and give you whatever support you need. The first call is free and with absolutely no obligation.
Related reading
If you found this useful, you might also like to read some of our other articles on similar subjects:
- How much should my holiday pay be?
- Can I take leave if I feel stressed?
- Can my employer refuse my holiday request?
- I’m an agency worker. What are my rights?
- Am I entitled to backdated holiday pay?
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