Every year anti-discrimination tribunals are flooded with complaints of sexual harassment arising from work Christmas parties, and as the employer you must be able to show that you took all reasonable steps to prevent the harassment occurring.

Alcohol is often the problem and is credited as the main reason for undesirable behaviour at these functions. An employee who has had ‘one-too-many’ may make offensive comments, or sexually harass or bully another employee or guest, all of which may lead to a claim against the employer.

Another problem area that is often forgotten by employers is ‘Secret Santa’ gift giving. This is often a temptation for some staff to give gifts that are offensive or humiliating. And it is not just the recipient but anyone present at the time the gifts are handed out who could be offended or humiliated.

If your business participates in ‘Secret Santa’ you should issue guidelines on the types of gifts that are acceptable and those that are not.

In order to minimise the risks of a post-Christmas party complaint or litigation, employers should:

make employees aware of the standard of behaviour required at work functions;

ensure that the business has policies concerning workplace health and safety, discrimination/harassment and alcohol/drug usage;

ensure employees are aware that they are expected to observe workplace policies not only in the workplace but also during social situations related to work;

have refresher training sessions regarding discrimination and harassment (including sexual harassment) and workplace health and safety prior to the function for all employees, managers and officers of the company;

warn employees of the consequences of inappropriate behaviour;

DO NOT hang mistletoe; this can lead to intimate contact that may not be welcomed by the receiver;

Set a dress standard for the function that keeps it professional;

Ensure that alcohol is served responsibly - a voucher system is a good way to limit alcohol consumption;

Appoint appropriate Managers to stay sober and to oversee the function and to intervene in circumstances where employees have consumed too much alcohol or are behaving inappropriately.

From a health and safety point of view:

Inspect the venue for possible hazards like slips and trips and make potential risk areas out of bounds;

Ensure that sufficient food is served throughout the course of the function. Be aware that buffets present a particularly high risk of food poisoning where food is left at room temperature for more than 90 minutes.