BC Business
Holiday office partiesChristmas parties, often a venue for irresponsibility, can be liability minefields for employers.
Office Christmas parties are notorious for their unpredictability, and when something goes wrong, it's the employer who's liable. It may be the most wonderful time of the year but, for employers, the holiday season can introduce new or additional liabilities. Hosting employee or work-related functions where alcohol is served or consumed opens the door to possible employee injuries and even sexual harassment.
It may be the most wonderful time of the year but, for employers, the holiday season can introduce new or additional liabilities. Hosting employee or work-related functions where alcohol is served or consumed opens the door to possible employee injuries and even sexual harassment.
Employers owe a legal duty of care to their employees in certain situations – which means more than just a drunk-driving announcement.
Where the employer is hosting a work-related event involving alcohol, their legal obligations may exceed that of a bar or restaurant. This higher duty is justified because of the employer’s obligation to provide a safe workplace. Permitting or encouraging alcohol consumption introduces an element of risk that could lead to harm. Employers are obligated to take the steps necessary to prevent, as far as possible, such harm from occurring.
Employers should keep in mind these 10 tips when planning holiday parties:
Consider whether the party should be alcohol-free. If alcohol is the only means of entertainment, your office party may need a new plan.
If alcohol will be available or served, avoid open bars or unlimited alcohol. Instead, consider offering one or two drink tickets per person.
Assign one or more management or supervisory-level persons to oversee the event. At the very least, a dedicated individual should be responsible to abstain from alcohol and observe and assist employees and guests.
Ensure that alcohol consumption can be adequately monitored and limited and that no one is served to the point of intoxication. The chaperone should be aware of employees who are blurring the line between letting loose and liquored up.
Consider whether it is better to have the party during the day rather than in the late afternoon or evening when the party can more easily spill over into a local bar or pub and when public transit options may be more flexible.
Offer non-alcoholic beverages and food.
Offer cab chits, local hotel accommodations or some other method of ensuring that employees have safe transportation home. Giving your employees viable – and paid-for – options makes driving increasingly unreasonable.
Advertise the availability of alternate travel options, in advance and discourage employees from bringing their cars on the day of the party. Consider ways to ensure that employees actually use the offered alternative travel options, such as handing in car keys as a condition of attending the party.
In the event that an employee becomes intoxicated, ensure that the employee does not drink and drive and can reach home safely. As necessary, involve the employee’s family or local police to assist.
Keep work-related events short and offer activities beyond drinking. Try hiring entertainment to get employees involved in something other than just drinking.