A Silly Season Reminder

In Australia, “the concept of being ‘at work’ encompasses both the performance of work (at any time or location) and when the worker is engaged in some other activity which is authorised or permitted by the employer” (Bowker v DP World Melbourne Ltd (2014) 246 IR 138; [2014] FWCFB 9227 at [51]). In other words, work can include work Christmas parties, although this definition has also been applied in a much broader context.

Similarly, in the UK, whether the company-organised Christmas party takes place in the office or not, it will be considered to be an extension of the workplace, as confirmed many years ago in the case of Chief Constable of Lincolnshire v Stubbs [1999] ET/38395/96. Of course, it is often the case that even when the formal event comes to a close, the party continues elsewhere. Should an incident occur at an after-party, an employer's liability may cease if the (unfortunate) events stem from an entirely independent, voluntary, and discreet event of a very different nature to the company-organised party (as was the view taken in Bellman v Northampton Recruitment Ltd [2016] EWHC 3104).

As Father Christmas (or Santa, if you prefer) travels the world in a night delivering presents to all those who have been good this year, we too, operate globally. Therefore, set out below are our three key festive season tips for employers in Australia and the United Kingdom to minimise the risk of claims and unwanted publicity arising during the Christmas period.

1. Christmas Party Preparation

   Whilst work Christmas party invitations and/or communications might be perceived as ‘grinchy’, they should clearly outline:

   • a set venue or location;
   • a start and finish…