But we think that, in the post-#metoo era, office Christmas parties are a hangover from the past. Now, don’t get us wrong – we love a good party, but there is something about the combination of vast amounts of drink funded by the office, the end-of-term vibe, and, well, vast amounts of drink that make the environment absolutely toxic from a reputational respective.
Ten years ago, the sight of a middle-manager pouring champagne down the throat of the impressionable intern, and then showing them dubious amounts of attention throughout the evening, sometimes culminating in a drunken snog on the dancefloor in full view of everyone, was vaguely disconcerting. The gossip in the office the next morning, as headaches were managed and bacon rolls consumed, was entertaining and scandalous. In some firms, it was all part of the “fun”. This has become a minefield that HR departments have known about forever. With smart phones at the ready and a culture of over-sharing on social media, company bosses now need to sit up and take notice in this post-Weinstein era.
Office parties present significant litigation and, more than ever, reputational risks that need some careful thought. By their nature, very drunk people are vulnerable and potentially unable to consent. However wild and free the culture of a firm, its Christmas party is a company event at which employees are deemed to be working (this has been tested in law), and companies and their directors have a duty of care and a legal responsibility under the Employment Act to protect their employees from harassment while they are at work. Coercive behaviour by an employee towards an incapacitated colleague is harassment. And if directors can’t demonstrate that they put reasonable measures in place to prevent harassment from taking place, they are massively liable for what their employees do to each other. And a judge is going to take a pretty dim view of all-night vodka luges and limitless bottles of champagne.
Imagine waking up with social media feeds gone viral, or headlines and mounting legal bills – these are things that will not improve after some paracetamol and a cup of tea. This is where your company culture can be defined forever. For all the potential benefits of getting the team together to dance badly to Slade and Dexys Midnight Runners, there must be a better way to celebrate the end of the year together.