Whilst the end of year work function is a great time for your team and business to celebrate your successes for the year, remember that your function needs to run as a ‘work’ function, without breaching your workplace health and safety obligations, your Human Resources policies and other legal obligations that your business must comply with.
Businesses should take steps to minimise the risks at your end of year functions and educate employees about the expected standards of behaviour at such functions and have some key steps in place to prevent any issues from arising, or if they do, to properly manage them to avoid issues, claims and litigation and starting your New Year off with the wrong kind of bang!
If employees become intoxicated at your end of year function or engage in inappropriate or unruly behaviour, your business should have a plan in place to deal with that.
Remember that, as the employer, your business can be held vicariously liable for the conduct, or rather misconduct, of your employees, even at your end of year work functions that are off site and outside of normal business hours. It is therefore a good risk management practice to remind your employees of their obligations, whilst of course still encouraging them to celebrate their successes for the year and have a good time, but that this is a balancing act for everyone attending.
What should your business be doing to prepare for your end of year work function?
Before end of year functions
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Make sure that your business has the necessary Human Resources policies in place to address issues that may occur at end of year functions, such as a Code of Conduct and relevant policies, including on workplace bullying, sexual harassment and discrimination and that these are current and up to date and available to employees.
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Make sure your Managers, Supervisors and Team Leaders are aware of and know that they are expected to model your relevant Human Resources policies at your end of year function.
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Nominate key Managers, Supervisors and/or Team Leaders to discretely supervise at the function and give them clear authority to act if they see inappropriate or unruly behaviour – for example, arranging to cease serving alcohol to an intoxicated employee, to having a discrete discussion with an intoxicated or unruly employee to leave and assist in getting them home safely, e.g. ordering and escorting them to a taxi.
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Make sure that your business sends out a clear email message prior to any end of year work functions – to set the expectations of employees regarding their conduct and behaviour at the function – and that your Human Resources policies still apply at your end of year function and that employees are expected to comply and behave appropriately and within the normal boundaries expected at work whilst they attend end of year functions. Also prompt them make appropriate arrangements to get home safely at the end of the function.
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Whilst there is no specific obligation to provide transport home to employees after your end of year function, you should take active steps to minimise the risk of injury to your employees by specifying the clear rules that apply at your function, arranging for their safe travel home, and if anyone requires assistance in getting home, have designated personnel at the function to assist in arranging taxis for employees.
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Make it clear that any post-function activities or after parties are on an employee’s own time and at their own responsibility.
At the end of year function
- Set clear start and finish times for your end of year function.
- Take steps to ensure that there is responsible service and consumption of alcohol and sufficient food and non-alcoholic drinks for employees to enjoy at the function. Place limits on the supply of alcohol if necessary.
- Ensure your designated Managers, Supervisors and Team Leaders work to prevent excessive drinking and inappropriate or unruly behaviour.
- Utilise taxis to ensure everyone leaves the function safely and can head home safely after the function.
What if something goes wrong?
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Act quickly and discretely:
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If an employee is too intoxicated, send them home in a taxi straight away;
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If your Managers, Supervisors and/or Team Leaders become aware of inappropriate or unruly behaviour they should take immediate steps to stop the behaviour.
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Make sure your Human Resources policies are adhered to carefully. If an investigation needs to be conducted after the end of year function, make sure this occurs.
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Finalise any investigation and implement any disciplinary action required in accordance with your business procedures.
If your business follows the above steps, your business and your employees should be able to enjoy a successful and incident free end of year function and your business can start the New Year off with the right kind of bang!
In the event you need assistance to prepare for your end of year function, or dealing with an incident that occurs, Rouse Lawyers is experienced in providing responsive legal advice to manage such functions, and any incidents and investigations to navigate and minimise the risks to your business.
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