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‘Tis the Season… for Employer Liability: A Holiday Party Guide for the Cautiously Festive Employer

The annual office holiday party: a chance to build camaraderie, celebrate the year’s achievements, and, if not managed well, generate enough employer liability to keep your legal counsel busy well into February. While we like to imagine the event as a perfectly curated evening of polite conversation and slightly dry hors d’oeuvres, workplace parties have a long history of testing even the most robust HR policies.

So, as you prepare for this year’s festivities, let’s take a moment to revisit what employers ought to be doing to ensure the night is merry, bright, and—most importantly—legally uneventful.

1. The Employer’s Duty Extends Beyond the Office Walls

One of the most common misconceptions is that employer responsibilities magically evaporate once employees’ step into a venue featuring ambient lighting and an open bar. Unfortunately, the law tends not to subscribe to the “holiday spirit” exception. If an employer sponsors, organizes, or even tacitly encourages attendance at a social event, the standard obligations relating to safety, harassment, discrimination, and general conduct still apply.

If alcohol is served—whether hosted or cash bar—courts and tribunals have repeatedly held that employers have a heightened duty to take reasonable steps to prevent foreseeable harm.

2. Policies Still Apply (Even the Ones No One Reads)

That extensive handbook you invested so much energy into? Yes—it still applies at the holiday party. Remind employees, in advance, that the Code of Conduct, Anti-Harassment Policy, and any Drug and Alcohol Policy remain fully in force.

This does not need to be heavy-handed. A short, friendly pre-event email (“Festivity encouraged, misconduct discouraged!”) is often enough to strike the right balance between “we trust you” and “please don’t make us call legal counsel on Monday.”

3. Alcohol Management: Because Prevention Is Cheaper Than Litigation

Open bars are the Achilles’ heel of many well-intentioned holiday gatherings. While banning alcohol outright may feel draconian, employers can reduce risks with a few practical strategies:

• Provide drink tickets rather than unlimited access
• Arrange for food service throughout the event
• Offer appealing non-alcoholic options (sparkling water counts, but mocktails work better)
• Make transportation home easy and obvious (ride-share credits, taxi vouchers, or nearby transit options)

Employers should also designate sober or minimally drinking managers to keep an eye on developing situations. This is not about playing bouncer—it’s about ensuring that issues can be addressed early, professionally, and discreetly.

4. Reminding Leaders: With Great Authority Comes Great Responsibility

Managers and supervisors should understand that they remain in a position of authority, even when wearing novelty Santa hats. They must model appropriate behaviour, intervene gently when needed, and avoid situations where the power imbalance might create discomfort—or allegations—later.

A brief pre-holiday reminder meeting for managers can go a long way. If the message “Don’t be the story” gets through, consider it a management success.

5. Inclusivity Isn’t Optional

Holiday events must be welcoming to all employees, regardless of cultural background, family status, religious observance, or personal preferences. Avoid framing the event purely around a single cultural tradition, make attendance optional (no one should feel coerced into “mandatory fun”), and ensure that the venue and activities are accessible for all employees.

Inclusivity extends to the menu as well: dietary restrictions, allergies, and non-drinking preferences should be seen as planning essentials, not afterthoughts.

6. Post-Party Follow-Through

If an incident occurs, employers must respond promptly and in accordance with established policies. Ignoring a complaint because “it was a party” is a quick way to find yourself in front of an adjudicator.

And yes, sometimes the most responsible step is sending an email the next morning expressing appreciation for attendance and reminding employees to reach out if anything happened that requires follow-up.

Holiday Party Employer Checklist

(Print this. Laminate it. Tape it to the office Keurig.)

Before the Event:

• ☐ Confirm workplace policies apply and notify employees in advance
• ☐ Choose a venue that is safe, accessible, and appropriately sized
• ☐ Decide on alcohol limitations (e.g., drink tickets)
• ☐ Arrange transportation options for the end of the night
• ☐ Train or brief managers on expectations
• ☐ Ensure inclusivity in planning (food, activities, cultural sensitivity)
• ☐ Plan for non-alcoholic drinks that someone might actually want

During the Event:

• ☐ Monitor alcohol consumption and address concerns early
• ☐ Keep food circulating
• ☐ Ensure managers lead by example
• ☐ Maintain a respectful, inclusive environment
• ☐ Watch for potential safety issues (slippery floors + dress shoes = bad combination)

After the Event:

• ☐ Ensure everyone has a safe way home
• ☐ Follow up on any incidents or concerns consistent with workplace policies
• ☐ Debrief internally: what worked, what didn’t, and who thought karaoke was a good idea

Final Thoughts

Holiday parties are a fantastic way to celebrate your team—just remember that good planning is the key to keeping the focus on celebration rather than crisis management. With clear expectations, thoughtful preparation, and a dash of humour, employers can host an event that’s enjoyable, safe, and blissfully uneventful from a legal perspective.  If you have any questions, the team at CCPartners is here to help.  Have a fun and safe holiday season!

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