Employer Responsibilities During The Silly Season And Workplace Events

What are your employer responsibilities when having holiday events and parties?

Now that the year is wrapping up and silly season is upon us, plenty of workplaces are having their year-end or holiday celebrations. From casual after-work Friday drinks to a full-scale celebration, everyone’s having parties to celebrate the year that was.

Now we know we sound like the fun police when we say this, but this time of year, we always remind business owners that these events come with real compliance risks. Employers need to think about HR risks, compliance responsibilities, and expectations for behaviour. Yes, these events are fun, but they also create some of the most common HR issues we see this time of year.

In our recent TALKING PEOPLE! Episode, we shared all the practical reminders and tips that every business needs to consider as they head into the festive season. Read on for our silly season HR checklist to help protect your people and your business.

Why Christmas parties and holiday events count as ‘work’

One of the biggest misconceptions we come across is the idea that Christmas parties or out-of-hours events fall outside employer obligations.

This isn’t true. If your workplace is hosting it, it’s considered an extension of business operations, regardless of when or where it’s held. Employer responsibilities and legal standards still apply.

As Jenna explains, regardless of whether the event is held on a Saturday evening or at a venue off-site, “from a legal perspective, the Christmas party…is an extension of the workplace.”

Hosting a party? You have to think proactively about:

  • Safety obligations
  • Drug and alcohol expectations
  • Risk management
  • How employees get home after the event

 

We’ve had instances where we had to step in to handle a complaint that landed on an employer’s desk on a Monday morning—the result of a party gone wrong. In most of these cases, they were avoidable with the right preparation.

Communication is key, both before and after

The best practice tip we have to making sure you have a fun and safe celebration? Make sure to communicate with your team, especially before the event happens.

We recommend the following:

  • Remind your team of your Code of Conduct
  • Re-share relevant policies like the Drug & Alcohol Policy, Bullying, Harassment, and Discrimination Policy, and Social Media Policy
  • Provide transport plans, especially if the venue is far from your office. This can be in the form of providing ride-share vouchers, booked transport, or carpooling.
  • Clearly state the start and finish times for the event. Emphasise that after the official end time, the event is no longer a workplace activity.

 

For more guidance on having serious conversations about silly season festivities, read our blog: Difficult Conversations During The Silly Season.

Setting clear expectations helps prevent misunderstandings. It also gives you evidence that you’ve done due diligence if you need to respond to an incident.

Is it enough to have policies in place?

Speaking of something going wrong, and having an investigation as a result of a unfortunate event, Jenna also brought up a best practice tip.

Sending out policies and reminders isn’t enough. We recommend that you get proof that your employees have received and understood the expectations. A Drug and Alcohol Policy that was signed four years ago isn’t going to cut it.

“It’s not up to the employee to go and check if it’s been updated,” Jenna says. “It all comes down to proof.”

Get evidence of acknowledgement of policies by:

  • Sending an email that employees respond to (“I acknowledge…”
  • Acknowledging via your HRIS
  • Having a team meeting informing them of the policies, followed by a sign-off via email afterwards

Preventing incidents is far easier than managing complaints

We’ve seen our fair share of workplace investigations that stem from a number of reasons. Inappropriate behaviour, harassment claims, misconduct arising from alcohol, inappropriate photos or videos taken and uploaded to social media… these are all post-event issues that we’ve dealt with.

The silly season is unfortunately a time when we see an influx of inquiries about investigations or disciplinary procedures following a party gone wrong.

The common denominator is that the businesses who had communicated clearly beforehand were in a much better place from a protection perspective than those who hadn’t.

Safety during silly season doesn’t have to be complicated

The good news is, you don’t need to have a whole suite of documents and policies to create a safe environment for your year-end festivities.

Our advice is always to be practical when it comes to your team’s safety and well-being.

You can create a safe environment by:

  • Setting expectations about responsible alcohol consumption
  • Weighing the pros and cons of the venues you’re considering for the event
  • Appointing a point of contact or person in charge in the event of anything going wrong during the event
  • Encourage employees to check in with co-workers who may feel uncomfortable or overwhelmed

 

Ultimately, the goal is to protect the health, well-being, and safety of your team and your business during any silly season festivities.

Final thoughts: silly season events and employer responsibilites

The festive season and all the workplace activities that come with it should be just that: festive. It’s a time to celebrate your people and to end the year on a positive note. And ticking off these HR procedures above is part of ensuring that it’s fun and safe for everyone involved.

Are you unsure about whether your policies or employee handbook are up to date? We can support you with an audit, or help you prepare tailored documentation for your business. Reach out to us to schedule a Discovery Call today.

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