L J writes: I am starting to plan our Christmas staff party and want to avoid any potential disputes or trouble. Have you any advice?

There are three approaches you can take to a staff party, writes Peter Done, managing director of Peninsula. First, organise and run everything yourself. Second, pay for the event but leave staff to organise it. And, third, not to participate at all, leaving staff to organise whatever they want to do.

The first could lead to problems because by organising the event you carry full responsibility. However, most employers do not realise that even by contributing financially they potentially carry legal responsibility for what may happen on the night. It seems sad to associate a Christmas party with health-and-safety issues and harassment complaints but unfortunately this can often be the case.

You can take a number of steps to minimise the risks. Staff should be made aware that the Christmas party is a company function and that decorum is expected. Gently remind employees that they should behave in a manner that is not likely to cause offence or distress to any other guests. Reiterate the company policy on acceptable behaviour.

Employees generally make the mistake of thinking that conduct outside the workplace cannot result in a warning under disciplinary procedures. The law allows companies to take into account conduct outside the workplace and in some circumstances can allow employers to dismiss under their normal procedures. It is good practice to designate a member of management to oversee the function to ensure acceptable standards of behaviour.

Remember that people socialise in different ways, so everyone’s needs should be considered – for example, people who do not drink or those who do not celebrate Christmas. Before organising any event it is best to canvass employee opinion so that all needs are catered for. Consideration should also be given to the location of the event, ensuring that it is accessible to all and that your employees will be able to get home safely.

With regard to avoiding litigation, unfortunately you will be unable to prepare for every eventuality. However, following the above steps and reminding staff of acceptable conduct will provide you with a robust defence should any claim be made.

Kingston Smith LLP, the chartered accountant, and Peninsula, the employment-law firm, can advise owner-managers on their problems. Questions should be sent to Business Doctor, The Sunday Times, 1 Pennington Street, London E98 1ST, or faxed to 020 7782 5765. Advice is given without legal responsibility

bizdoc@kingstonsmith.co.uk

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