HR Considerations for Christmas Parties & New Rules

MINIMISING HR ISSUES AT STAFF CHRISTMAS PARTIES

The run up to Christmas is always a very busy time of year in schools with lots of festive activities for pupils.

But as an employer, Christmas can throw up a number of issues relating to staff Christmas celebrations at the end of term. Leadership teams need to make sure they are ready for the holiday season by taking into account HR considerations for Christmas parties and other festive celebrations.

This year’s Christmas season has legislation impacting on schools – the Worker Protection (Amendment of Equality Act 2010) Act 2023 extends employers’ obligations in relation to sexual harassment. It specifically creates a new proactive legal duty on employers (schools) to take reasonable steps to prevent the sexual harassment of workers in the course of their employment (“the preventative duty”). You can read more about this topic in our previous blog.

WORK RELATED EVENTS ARE EXTENSIONS OF THE WORKPLACE

Christmas parties are an opportunity to show staff that they are appreciated and can be a great way of boosting staff morale, which given the workload pressures in schools, is key. However, no matter how much time is spent planning the festive night out, you can find yourself managing the HR issues Christmas parties often cause well into the new year.

With high spirits comes a much higher risk of staff acting inappropriately towards their colleagues and causing HR issues. What many staff seem to be ignorant about, is that any Christmas event that is work-related is an extension of the workplace and as such, schools are liable for third party actions.

So, senior leaders in all types of educational settings need to decide how to ensure employees behave appropriately and how to deal with worse-for-wear workers who turn up late the morning after the big event. Whilst Christmas can be the perfect time for social bonding amongst school staff, there are also lots of opportunities for poor conduct and unintentional discrimination.

Also bear in mind that any ‘unofficial’ Christmas gatherings that have been arranged by staff using school communications, such as email or mobile phones, may still be interpreted as a ‘works do.’ Even though your educational establishment is not responsible for organising the event, you may still end up liable for inappropriate actions!

CATERING FOR DIVERSITY

As society and the workplace becomes more diverse, staff events need to cater for different religions. The key area for a grievance to be raised is where an employee feels that they have been discriminated against at the Christmas party. Not all the workforce may want to partake in alcohol, so ensure that you have plenty of non-alcoholic drinks available. You must not make it compulsory for all staff to attend and you need to think about the composition of the workforce.

TECHNOLOGY IN 2025

The increasing use of social media (Facebook, Instagram, X, Tik Tok and many many more) add yet another risk associated with the Christmas partying. A Christmas party may unfortunately result in employees engaging in behaviour that would not occur on the school site. It is very tempting for users of these platform to upload photos or videos of their colleagues looking a worse for wear or engaging in other activities. However, given their positions as role-models in your school this could result in disciplinary action being taken or alternatively fall under the new sexual harassment rules!

The training schools need to provide to all staff under the new legislation regarding sexual harassment will help avoid some of these scenarios and reference to the training again at this time of year would be timely. Our HR experts deliver virtual training on this crucial issue, which can be accessed here.

So, what can schools and MATs do to manage the issues that can arise from staff Christmas parties:

• Remind all staff that normal rules of behaviour apply even off the premises and that each party venue is an extension of the workplace. As an employer you have a duty of care so you are still responsible at these events.
• Remind staff not to drink and drive and to make suitable arrangements to get home safely if they want to drink. Consider the use of organising a mini bus to pick up and take people home. If you don’t want to fund this then you could offer to arrange/organise this for staff on the basis that they will have to pay for this service.
• Have plenty of non-alcoholic drinks available and ensure that there are vegetarian/vegan choices on the menu and cater for any other dietary requirements as appropriate.
• Inform staff that overindulging at the Christmas party doesn’t excuse them from coming into work the next day. It’s probably best for schools and academies to arrange parties on a Friday or Saturday night.
• Don’t forget to invite staff who are on maternity/paternity leave.
• Do not make it compulsory to attend. It might clash with non-Christian religious dates.
• Be mindful of financial pressures that different staff may be facing especially with the ‘cost of living crisis’ so either fund the event or choose something not too expensive and always ensure staff know it’s not compulsory.
• If you employ disabled staff who have access requirements or other considerations you need to ensure that the venue is fully accessible and the event is inclusive for all.
• If an employee becomes intoxicated it is the employer’s responsibility to ensure that the employee is taken home.
• Avoid discussions about career prospects or remuneration with employees, this is not the appropriate place or time and can be misquoted and/or misconstrued.

Underlying all the above guidance are the policies and procedures for your educational establishment. It would be a good idea to check and update your current policies and procedures. By having clear and unambiguous policies in place, this will assist in defending any possible claims that you may receive as well as dealing with any post-party problems.

Hopefully these tips and guidance will ensure a festive time for all and enjoyable celebrations before 2026 begins!

If you are unsure about any HR considerations for Christmas parties, please get in touch. Or, if you have already held your Christmas party and need HR advice on any problems that occurred, or any other HR/employment issues, please contact the One Education HR team on 0844 967 1111.

Please get in touch or visit our Human Resources page for more information.