By Debra Spedding, litigation lawyer with Everett Tomlin Lloyd & Pratt Solicitors, of Newport, Pontypool and Usk

As the carol goes 'Tis the season to be jolly' but, at the risk of being party poopers, according to an NHS report more than 80,000 people require hospital treatment for Christmas-related incidents every year and many of those happen in workplaces or business premises.

As businesses all over the country put up their imitation holly (real holly is a health and safety nightmare) there are some potentially prickly issues that need to be considered.

Decorations

Some insurance brokers will advise that Christmas decorations breach health and safety rules.

This is a misconception but business owners need to be aware that the Health and Safety Executive advise a risk assessment should be carried out.

Roasting chestnuts over an open fire is always great fun unless that fire has been started by fairy lights bought 30 years ago which haven’t been PAT tested. An insurer may not cover damage caused by untested electrical equipment so it is better to be safe than sorry.

If you are hosting an office party including non employees you need to make sure you have public liability insurance and make sure there are no party decorations or cables which people can trip over, that entrances are well lit and well kept and that there are no slip hazards like ice, snow or spilled drinks.

Be aware that if one of your employees injures a party guest by carrying out a complicated dance move then the business can be vicariously liable.

If your office party is at an outside venue then it is good practice to check their insurance position. If you know a venue is uninsured then you may be liable.

Christmas party issues

The office Christmas party should be an opportunity for staff to be rewarded for their hard work during the year.

However, there have been various reported cases in the Employment Tribunal resulting from poor planning and an open bar.

It is important to invite all employees to the office party whether they are on leave or not but also to be sensitive to any issues that arise especially if the office party is out of work hours.

Attendance should never be mandatory.

Employers should be aware that many employees do not celebrate Christmas because they hold different religious beliefs and some may not drink alcohol.

An employer should ensure that any entertainment is appropriate and not offensive.

A case in the Employment Tribunal involved an employee resigning after taking offence over the 'jokes' told by the entertainer retained by his employer.

In that case the employer had not asked itself the question 'Is Bernard Manning likely to tell jokes which may be highly offensive to some?'. The tribunal thought that they should have asked that question.

Employees should be gently reminded that the codes of conduct that apply in the workplace also extend to work functions.

Employers also have a responsibility not to allow their employees to over utilise a free bar.

In a recent case an employee successfully challenged his dismissal for fighting on the basis that the employer had encouraged him to use the free bar for eight hours and so the code of conduct had been relaxed as all employees became more 'relaxed'.

Remember that offering a pay rise or promotion after a bottle of prosecco and brandy chaser may in fact be an enforceable contract and that likewise telling the boss he’s a Scrooge could lead to unseasonable consequences. Keep control of social media as tweets from the business twitter account at 2am may be less amusing on the following day.

A responsible employer should also try to make sure that their staff have some way of returning safely home, even if it simply extends to ensuring a reputable taxi firm is available.

Employers should decide in advance how they should deal with lateness or absenteeism the day after the office party and as a general rule if it is organised the day before a work day ought to be a little more understanding towards the bleary eyed (unless the employee is operating heavy machinery has to drive which case probably best to allow a day off).

With careful planning there is no need to be a Grinch so deck the halls with health and safety compliant holly, raise a glass of organic fruit juice and enjoy the festive season.