The festive season is almost here and that means businesses across the country will be preparing for end of year celebrations. While it is a time to enjoy the festivities and revel in all the hard work over the past year, employers need to prepare to mitigate the risks that sometimes come with these types of functions.

What are the possible risks at end of year functions?

End of year work functions commonly pose an increased risk to employee wellbeing, with alcohol combined with a party atmosphere increasing the likelihood of incidents occurring. From safety-related matters both at the function and while leaving it, to harassment, sexual harassment, and other forms of discrimination, employers must be across their obligations to minimise risk.

Employers have a responsibility to take all reasonable steps to reduce, mitigate, and manage employee conduct at work functions, and failure to do so may see the employer vicariously liable for any incident that does occur.

Additionally, there is a positive duty on employers and persons conducting a business or undertaking (PCBUs) to eliminate workplace sex discrimination and harassment. This means that employers must actively prevent workplace sexual harassment and discrimination, rather than responding only after it occurs.

How do employers prepare for end of year functions?

Policies – Ensure the code of conduct, and any relevant policies and procedures specifically cover off employee behaviour at work functions. By having clear and succinct policies that outlines what is inappropriate behaviour, including consequences for any misconduct, employers can use this as the foundation for what is expected from anyone who attends.

Education – Having appropriate policies alone is not enough. Employers should make sure that employees are aware of relevant policies and consider further education on the type of behaviour that is expected. This can help lessen the chance of exposure of the business to vicarious liability, Additionally, employers should keep a record of relevant polices that are read and acknowledged by employees along with any education that is delivered.

Venue Location – Ensure the location of the end of year function is appropriate for all employees, including those who are under 18 years old, and people who may be mobility impaired. Just as important is choosing a venue that has the right ambience to encourage appropriate behaviour. To help employees get home safely, choosing a venue close to public transport or providing reimbursements for taxi or uber fares can help ensure employees get home safely.

Finish Time – There should have a clear start and finish time that is communicated to employees before the event. Employers should ensure that all employees leave the venue at the end of the official function so there is a clear line that the official celebrations have ended.

Gifts – If gifts are being exchanged, ensure that all employees understand that anything purchased must be ‘family friendly.’ This means that the recipient or others who will see the present (including those who will hear about it afterwards), should not have cause for offence leading to a possible breach of company policies.

Employee Memo – Sending a memo to all employees will help address key risk mitigation objectives. Not only will it remind employees of their obligations in line with company policies and encourage them to be safe and responsible at the function and afterwards, it is also evidence that the employer has taken all reasonably practicable steps to prevent conduct in breach of its policies.

Alcohol – If alcohol will be available at the function, employers should:

  • Ensure employees drink alcohol in moderation.
  • Ensure there are non-alcoholic drink options available.
  • Consider putting a cap on how much people can drink rather than having an open bar.
  • Consider the types of alcohol available (i.e., beer and wine, but not spirits).

Employers should allocate one senior manager to monitor employee alcohol consumption and behaviour at the event. This person should have sufficient authority to ‘have a quiet word’ when necessary to limit or stop drinking if necessary.

Taking steps to adequately prepare and minimise the risks of end of year functions will help ensure a safe and memorable celebration for all. If you require assistance to develop suitable policies, education and communications to ensure the safety of your team and business, get in touch with our team today.

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