As the holiday season approaches, legal experts caution businesses to tread carefully during the office party season to avoid unique HR challenges.
While the festive period provides an opportunity for workplaces to foster a positive culture and for teams to bond, it also brings the potential for blurred lines between personal and professional conduct.
Phil Pepper, an employment expert at law firm Shakespeare Martineau, shares valuable insights on how to strike a balance between encouraging employees to have fun and maintaining professional boundaries.
The Infamous Office Christmas Party
The office Christmas party, a topic so notorious that movies have been dedicated to it, offers employees a chance to unwind with colleagues. However, the urge to let loose can sometimes lead to behaviour unsuitable for the workplace environment. Pepper emphasises the importance of leadership setting an example, ensuring that management upholds the company’s values. As office parties are considered extensions of the workplace, standard policies still apply.
Not So Secret Santa
While Secret Santa is a popular festive tradition in workplaces, there have been instances of misuse to bully or embarrass colleagues. The secrecy of the game poses risks for employers, but online Secret Santa name draw generators can help trace potential gifters, providing a starting point for investigations.
Think About Drink
Many Christmas social occasions involve alcohol, potentially isolating those who don’t or can’t drink. Pepper suggests alternative inclusive activities, such as booking an activity or going for a meal. Ensuring all employees feel included helps strengthen team spirit and contributes to a happy workplace.
Mental Health at Christmas
Recognising that Christmas can be a challenging time for some, especially those separated from loved ones, employers are urged to approach the season with sensitivity. Open communication with employees is key, understanding their wants and needs. Employers may also consider offering additional services, such as mental health support, for those struggling.
Discretion Without Discrimination
Amidst the rising cost of living, some employers may consider discretionary Christmas bonuses to support their workforce. However, Pepper advises caution to prevent potential discrimination claims. Employers should clearly state in policies and contracts that any bonuses are discretionary to avoid confusion and potential legal implications.
As the festive season unfolds, businesses are reminded to celebrate responsibly, fostering a joyful atmosphere while prioritising professionalism and inclusivity.
Amelia Brand is the Editor for HRreview, and host of the HR in Review podcast series. With a Master’s degree in Legal and Political Theory, her particular interests within HR include employment law, DE&I, and wellbeing within the workplace. Prior to working with HRreview, Amelia was Sub-Editor of a magazine, and Editor of the Environmental Justice Project at University College London, writing and overseeing articles into UCL’s weekly newsletter. Her previous academic work has focused on philosophy, politics and law, with a special focus on how artificial intelligence will feature in the future.
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