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Is the Christmas party an extension of the workplace?

Law Firm Lewis Silkin said it is important to remember workplace policies on dignity, anti-bullying, and sexual harassment still apply in the context of Christmas parties
Law Firm Lewis Silkin said it is important to remember workplace policies on dignity, anti-bullying, and sexual harassment still apply in the context of Christmas parties

The Christmas Party season is in full swing.

But what are the dos and don'ts for employers and staff when it comes to festive social gatherings?

The employment team at Lewis Silkin has dealt with numerous complaints stemming from previous workplace Christmas parties.

The law firm has seen an increase in grievances and complaints from employees overall across 2025.

It said it is important to remember workplace policies on dignity, anti-bullying, and sexual harassment still apply in the context of these events.

Head of Lewis Silkin Dublin, Síobhra Rush, said that even if the party is not in the workplace, it is still an extension of the workplace.

Speaking on RTÉ's Morning Ireland, she said some of the most common complaints happen when people have had "a little bit too much festive cheer" and sometimes engage in behaviour that is inappropriate.

"It can be harassment or sexual harassment and it's important to remember that the intention is irrelevant," Ms Rush said.

"It's a subjective test in terms of what constitutes sexual harassment, if it's behaviour that's offensive and undermines a person's right to dignity at work, it can constitute harassment or sexual harassment," she explained.

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Ms Rush said if there is a complaint following a social occasion its really important that employers take immediate action and "not feel that they have a policy that sits in a cupboard."

"It (the policy) needs to live and breathe, employees need to be reminded of it, they need to be really clear on where they should go if they do have a complaint," Ms Rush said.

"It's important not to take a knee-jerk reaction against somebody who has been accused of it, but it is important to investigate and be seen to be taking something like that seriously," she noted.

Lewis Silken top tips for employers this festive season

1 - Make sure everyone is invited - You should not assume that an employee will not want to come to a party because they are on maternity leave or sick leave. Invite everyone but do not make attendance compulsory - there may be valid reasons why an employee may not want to attend.

2 - Ensure that the venue is suitable for all employees, including disabled employees, and has an option for all special dietary requirements.

3 - Remind employees in advance about the company’s behavioural expectations and policies in relation to disciplinary and grievance, harassment and social media.

4 - If an incident arises, be prepared to deal with any inappropriate behaviour or complaints in the same way as if the incident had occurred during working hours. Follow your policies and procedures to the letter.

5 - Whether an office Christmas party takes place within working hours, out of hours, in or outside of the office, it is important to remind your employees that the office party is considered an extension of the working environment.

6 - Encourage employees to either pre-book taxis or research late night public transport options.

7 - Be sensible about the level and frequency of alcohol supplied. Ensure you have non-alcoholic alternatives available.

8 - Ditch the mistletoe – it's more hassle than it’s worth!

9 - Most importantly, have fun!