Solicitor Aoife McGrath, in our Employment Law team, discusses the potential pitfalls of consuming alcohol at work events and the implications for employers.
Drinking alcohol at work social events was historically considered ‘the norm’. However, there now appears to be a move away from alcohol-based to more activity-based events in an attempt to reduce the negative impacts alcohol can have on the workplace.
The potential negative impacts for employees of excessive drinking at work events may include:
- Inappropriate behaviour;
- Unprofessional behaviour towards clients/colleagues;
- Peer pressure to drink;
All of which can all lead to potential disciplinary actions for employees and in extreme cases, dismissal.
The potential negative impacts for employers of excessive drinking at work event include:
- Loss of HR and line managers’ time spent in dealing with disciplinaries arising from inappropriate behaviour;
- Reduction of work efficiency as a result of excessive alcohol consumption;
- Reduction in staff retention due to poor work environment and culture;
- Potential increase in Employment Tribunal claims (with employers being vicariously liable for the actions of their employees).
As well as the potential impacts above, employers should also be aware of the risk of unconscious bias in the minds of line managers and senior colleagues, where, for example, the presence and participation of an employee at alcohol-specific events could lead line managers to believing that that employee is a ‘better fit’ for the organisation or more suited for a senior role than someone who does not attend or does not actively participate in such events. This unconscious bias could lead to potential discrimination claims, for example, a woman declining alcohol at an event and subsequently being passed over for promotion on the belief (whether mistaken or otherwise) that she was pregnant, could give rise to a discrimination claim on the grounds of pregnancy or sex.
Employers are urged to be more open-minded when planning and hosting work events. Many people do not drink alcohol for a variety of reasons; ill-health, religion, pregnancy, or merely trying to live a healthier lifestyle. When attending such events, employees should feel comfortable to drink or not drink as they wish and should not be bombarded with questions or feel pressured to ‘just have one’. In order to do so, employers can provide alternatives to alcohol, for example, supplying soft drinks, non-alcoholic or low-alcohol drinks, limit the number of alcoholic drinks per person and consider organising the event around an activity that does not relate to alcohol, such as escape rooms or paintballing.
Employers could also put in place policies to deal with work events by way of including a section in their Health & Safety Policy or providing a specific Social Events Policy to outline the behaviour that is expected at such events and the consequences of acting in breach of the Policy. The policy should be specific to the business and outline any particular health and safety considerations, for example, prohibitions on working at height or operating heavy machinery whilst under the influence.
Social events are an important aspect of the workplace, particularly since Covid, and they should be organised with everyone in mind to create an open and relaxed atmosphere where employees can ‘let their hair down’ and socialise comfortably.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
