Navigating the end-of-year work party: why employees & employers should be careful

Why work parties carry legal risk

A work event is still considered part of the workplace. That means:

• Workplace behaviour, conduct and safety policies still apply.
• Employers maintain a duty of care to provide a safe environment.
• Employees can be disciplined or dismissed for misconduct.
• Injuries or incidents may be covered by workers’ compensation.

Misconduct, harassment, alcohol-related harm, or injuries at a work party can lead to disputes about unfair dismissal, workplace bullying, psychological injury, or employer negligence. That’s why planning, communication and awareness matter.

Employee responsibilities

When you’re starting to let your hair down, sipping a glass of bubbles and watching Kevin from Accounting hit the dancefloor, remember the following:

• Treat colleagues with respect
  Harassment, inappropriate comments, unwanted physical contact, exclusionary behaviour, or sexual advances can all constitute misconduct, even if someone is intoxicated.
• Be mindful of alcohol
  Intoxication is one of the most common drivers of workplace party complaints. Being drunk doesn’t protect you from disciplinary action.
• Understand the after-party grey area
  If an employer organises or encourages the event, their duty of care obligations may continue. However, if a private group organises an unofficial after-party, the employer’s responsibility may be reduced, and so might your protections.
• Report unsafe or inappropriate behaviour promptly
  You have the right to raise concerns both during and after an event. If you feel unsafe, unsupported or targeted, reach out early. Reporting can protect you and others.

Employer responsibilities

Employers must ensure everyone’s safety, just as employees must behave appropriately.

• Before the event
  • Circulate behavioural and safety expectations.
  • Remind staff this is a work event.
  • Ensure responsible service of alcohol.
  • Arrange safe transport options.
  • Nominate trained managers or leaders to supervise.
  • Ensure policies are up-to-date and accessible.
• During the event
  • Monitor alcohol service and behaviour.
  • Intervene early if conduct begins to escalate.
  • Have someone sober or clear-headed on duty.
  • Create safe, inclusive spaces for all employees.
• After the event
  • Respond to incidents promptly and fairly.
  • Document complaints thoroughly.
  • Follow established disciplinary procedures.
  • Offer support where psychological or physical injury may have occurred.

Failing to do the above can expose an employer to significant legal risk, including vicarious liability and workers’ compensation claims.

When something goes wrong

Even with careful planning, things can still take a turn. End-of-year celebrations are, unfortunately, a common setting for inappropriate or unlawful behaviour. We have represented many clients who have experienced sexual harassment at work parties or related events.

Sexual harassment can take many forms, including:

• unwelcome touching or physical contact
• repeated requests for a person’s number or to see them outside of work
• sexually suggestive comments, jokes or innuendo
• intrusive questions about someone’s personal or private life
• sending sexualised texts, images or messages

No matter the setting, sexual harassment is unlawful, and every workplace has a responsibility to treat allegations seriously. Any concerns raised during or after the event should be handled under the organisation’s formal policies, and workers have the right to make a complaint without fear of punishment or backlash.

Claims that behaviour was “just a joke” or that someone was “too drunk” are not valid excuses. Alcohol doesn’t remove legal responsibility, and it doesn’t reduce the harm experienced by the person targeted.

If you have been harassed, intimidated or harmed at a work-related event, you do have legal options and may be entitled to compensation. Speaking to one of our specialist employment lawyers early can make a meaningful difference to how the situation is handled and the outcome that follows.

If you experience or witness misconduct, or if someone is injured, consider the following steps:

For employees

• Seek medical care for physical or psychological injuries.
• Document what happened: dates, times, witnesses, messages, photos.
• Report the incident to your People and Culture team or a manager you trust.
• Seek legal advice if the issue involves harassment, dismissal, or injury.

For employers

• Take all complaints seriously.
• Conduct a fair and impartial investigation.
• Provide support to anyone harmed.
• Review policies and supervision to prevent future incidents.

A note about social media

What you post on social media outside of work is your choice. But since a work party still counts as being at work, you must follow your employer’s social media policy.

It might be okay to post a nice photo of you with some colleagues, but it’s not okay to share anything that could reflect negatively on any colleagues or your workplace. For example, sharing content that shows yourself or colleagues extremely intoxicated or behaving poorly.

If your social media posts are deemed inappropriate, this could constitute unlawful behaviour and could lead to disciplinary action by your employer.

Eat, drink and be merry… safely

End-of-year work parties are meant to be fun, but poor behaviour can have serious consequences.

Treat the event like any other professional occasion:

• Plan ahead and understand expectations.
• Follow workplace policies.
• Look out for yourself and your colleagues.

With the right planning and conduct, everyone can enjoy the party and return to work without worry.

We’re here to help

If you’ve experienced inappropriate behaviour, injury, unfair dismissal or harm connected to a work function, you don’t have to navigate it alone.

Our employment law team has an outstanding record of achieving successful outcomes for employees in both the private and public sector. We know how to navigate this increasingly complex and ever-changing area of the law.

Our expert employment lawyers can help you claim compensation for lost income, hurt, distress, pain and suffering. Get in touch.