It would appear that the office Christmas party is dying out over fears that workers could sue over other employees' drunken antics and a prevailing "Scrooge" mentality over health and safety. A third of companies did not hold a staff party this year, according to a survey carried out by the Chartered Management Institute (CMI). This was twice as many party free offices as in 2002. The Health and Safety Executive (HSE) in Great Britain have even been forced to dispel the myth that Christmas decorations are banned in the office due to health and safety concerns.
This decline suggests that in the present legal climate employers are concerned over the costs of picking up more than just the bar tab. Like for example, the costs of litigation brought by an employee following an incident at a Christmas party for which the employer may be held responsible. An employer could be vicariously liable for acts of employees done in the course of their employment irrespective of whether the employer knew or approved of the offending conduct. This raises the question as to whether office or work parties can be regarded as an extension of employment.
As a result, some managers have blamed new discrimination legislation and the compensation culture for the lack of Christmas spirit. Over the festive period companies were advised to think about whether they had the correct insurance and under health and safety legislation, all employers have an obligation to maintain a healthy and safe working environment. It is arguable therefore that employers are obliged to make sure that the venue for any party is compliant with health and safety standards.
If any future parties are held in the office itself, employers should perhaps therefore seek to prevent episodes such as the annual photocopying of certain body parts and so on. Or at least provide a step ladder to ensure ease of access!
