When selecting a venue for your work social, there are various factors to consider:

1. Inclusivity

   You should invite all staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members to your work social, including those on leave (eg maternity leaveA period of leave from work available to pregnant women and women who have recently given birth, during which they are still entitled to the benefit of all terms in their contract of employment (except remuneration terms), and after which they are entitled to return to work. or sick leave) to avoid allegations of discriminationTreating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation. and in order to avail of the tax exemptions available (see Q&A 11 for further information about taxation of work socials).

   In order to be inclusive and avoid allegations of discriminationTreating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation., you should ensure you select a venue that is accessible to all staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members. This includes ensuring that the venue is one that any disabledA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. members of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. are able to access. If you choose a venue that is a distance from your office or place of work, bear in mind that this could have implications for those with disabilities as well as childcare responsibilities (statistically more likely to be women) so where possible, it may be more appropriate to choose a venue close to the office.

2. Cost

   Bear in mind that costs spent on the venue will count towards the limit of £150 per head which allows a work social to be tax free; see Q&A 11 for further information about this.

3. Health and safety

   You have a duty to take reasonable careThe degree of caution that an ordinary person would use in the circumstances. to protect your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. from foreseeable harm while they are at a work social and to ensure the health and safety of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.. This means that if one of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members has an accident while at a work social event (or travelling to or from it), you could be held legally responsible for their injuries. See What to do about accidents or illness.

   Ideally, you should select a venue which has suitable transport links for staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members to travel home afterwards; if not, you could organise taxis or a minibus or circulate taxi companyA private company limited by shares incorporated and registered in England and Wales. numbers prior to the event. Remind your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. prior to the event to plan their transport home in advance and to ensure that they will not be driving if they plan on drinking at the event.

When selecting a date and time for a work social, there are several factors to consider:

1. Inclusivity

   You should invite all staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members to your work social, including those on leave (eg maternity leaveA period of leave from work available to pregnant women and women who have recently given birth, during which they are still entitled to the benefit of all terms in their contract of employment (except remuneration terms), and after which they are entitled to return to work. or sick leave) to avoid allegations of discriminationTreating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation. and in order to avail of the tax exemptions available (see Q&A 11 for further information about taxation of work socials).

   Whilst it is likely to be inevitable that some staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members will not be able to attend, you should do what you can to be inclusive when selecting a date and time for the event. For example, make sure the social does not clash with any religious holidays or festivals so as to avoid any allegations of discriminationTreating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation. against certain staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members on the basis of religion or belief. You may also wish to consider an afternoon start before continuing with an evening event so that it is easier for those with families to attend. This helps to avoid discriminationTreating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation. against women, who are statistically more likely to have childcare responsibilities.

2. Impact on productivity

   Holding a social during the working week carries the risk of lateness or absence the following day, especially as employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. can legally self-certify their absence for the first seven days of sickness (see Q&A 25 for further information about this). The converse of this, of course, is that it may encourage staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members to exercise restraint (eg in drinking) if they know they must be at work the following morning, which can help prevent other problems.

Yes, for several reasons.

If you are organising a formal social event for your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., you should ensure that all staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members are invited, including those on leave (eg maternity leaveA period of leave from work available to pregnant women and women who have recently given birth, during which they are still entitled to the benefit of all terms in their contract of employment (except remuneration terms), and after which they are entitled to return to work. or sick leave) to avoid allegations of discriminationTreating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation..

In addition, in order for a staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. social event to be exempt from tax, you must invite all of your employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.; see Q&A 11 for further information about taxation of work socials.

It is sensible to offer plenty of non-alcoholic drink options to help prevent unacceptable behaviour during the event and to avoid any allegations of discriminationTreating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation. from staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who do not drink for religious reasons. Similarly, staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. with specific dietary requirements should be catered for.

You can discourage excessive drinking by regulating alcohol consumption (perhaps use a token system, close the bar at a certain point in the night, provide food etc). You may wish to designate certain members of your management team to remain sober and monitor alcohol consumption among your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., as well as ensuring that they leave the venue safely. Bear in mind that, in most situations, it will be illegal for staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members who are under 18 to drink alcohol at your event or for staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to buy drinks for any of their underage colleagues.

See for how to deal with staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members who drink too much at work social events and Q&A 19 for what to do if staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. take illegal drugs.

Costs spent on catering will count towards the limit of £150 per head which allows a work social to be tax free; see Q&A 11 for further information about this.

It is inevitable that when putting on work socials, you run the risk of problematic behaviour among your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., particularly where alcohol is involved. For example, sexual harassmentUnwanted behaviour that makes someone feel intimidated, degraded, humiliated or offended. allegations or abusive or violent behaviour between staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. can become much more likely when staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. have been drinking. Your business can be held legally responsible for the actions of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. at work socials in some circumstances.

To limit the likelihood of problems arising, make sure your policies and training are up to date and that staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. are aware of them before the event; this will also put you in a stronger legal position if something does happen.

Ensure that the following policies are in your staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures. and that you are happy with them: your disciplinary policy, your anti-bullying and harassmentUnwanted behaviour that makes someone feel intimidated, degraded, humiliated or offended. policy, your drugs and alcohol policy and your social media policy. Explicitly inform staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. that these policies still apply at work social events (it is a good idea to send an email to all staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. prior to the social reminding them of this). Note that if you have made changes to your policies, these must be specifically brought to your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' attention prior to the event.

For guidance, see HR policies and for example policies, see Staff handbook and policies (you can choose to generate policies either on their own or as part of a full staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.).

Any unacceptable behaviour must be treated seriously and dealt with according to your disciplinary procedures; see and following for further information.

You may also have issues with absenteeism following organised work socials; see Q&A 25 and following for what to do about this.

At work parties, lines between work and social interaction can become blurred. You will want to avoid the possibility of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. making damaging posts about your business, its clients or their colleagues, whether deliberately or inadvertently.

You should make clear to your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. that as they are at a work function, rules about the use of social media at work apply. You should ensure that you have a social media policy in place and review it before the event to check that it covers the areas you wish it to, and then ensure that it has been brought to your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' attention (it is a good idea to remind them via email before the social). In particular, your policy ought to state that:

1. StaffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. must not reveal confidential information or make disparaging remarks about your business on social media. This could be particularly relevant if, for example, your social includes a presentation about how the companyA private company limited by shares incorporated and registered in England and Wales. has performed in the past year or about its plans for the future.

2. StaffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. must not make disparaging or bullying remarks about their colleagues or about the companyA private company limited by shares incorporated and registered in England and Wales. 's clients on social media.

3. StaffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. must not bring the companyA private company limited by shares incorporated and registered in England and Wales. 's reputation into disrepute, so staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. should use common sense when writing posts or posting photos of and about themselves or their colleagues at the social.

4. StaffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. found to have breachedViolation of a legal or moral obligation. the companyA private company limited by shares incorporated and registered in England and Wales. 's social media policy may face disciplinary action. See Taking disciplinary action for further information about this.

For an example policy, see IT, communications and social media policy, which you can also incorporateThe legal process of forming a company or corporate entity. into our template staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.; see Staff handbook and policies.

If you intend to use any pictures or other content from your social event for your official work related social media accounts which includes personal dataAny information about an identifiable, living person. Information which cannot be used to identify someone on its own will still be personal data if it can be used in combination with other information to identify that individual. about your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. (eg their photos or names), it will usually be necessary for you to obtain their consent before doing so.

See Using personal data, policies and record-keeping for full guidance about your data protectionThe area of law which deals with the way in which data can be handled. obligations when handling personal dataAny information about an identifiable, living person. Information which cannot be used to identify someone on its own will still be personal data if it can be used in combination with other information to identify that individual..

No. If you are asking your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to contribute directly to the cost of a social event, you cannot normally deduct sums directly from their wages unless you are authorised by their contract, or they have given prior written consent. In any event, you cannot usually deduct sums from your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. wages that will take their pay below the national minimum wageThe minimum hourly wage that employers must pay their staff. Staff who are aged 21 and over must be paid the National living wage. or the national living wageThe minimum hourly wage that employers must pay their staff who are aged 21 and over. Staff who are aged under 23 must be paid the National minimum wage..

Instead, you will need to ask them to pay the money to you directly.

Unless certain criteria are met, costs spent on work social events for staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. (excluding freelancersPeople, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. ) must be reported to HMRCHis Majesty’s Revenue and Customs. The government authority which oversees tax and customs. and tax must be paid on them. Technically, this tax is meant to be covered by the staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member, but staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. would be reluctant to go to work socials if this was the case and so it is common practice for the employerA person or business hiring one or more staff members. to cover any tax that is incurred.

As a result, unless you can afford the extra expense and are prepared to deal with the inconvenience of working out each staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member’s individual tax benefits, it is prudent to keep your work events within the criteria that allow them to be tax free. These criteria are as follows:

1. You must invite every member of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. in your business, or if you operate across a number of locations, every staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member at the particular location, although you do not need to invite freelancersPeople, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. or other self-employed staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.. If your workforce is organised into different departments at a particular location, you can have separate events for each department as long as every staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member at the location has access to an event.

2. The party must be an annual event. The Christmas party which happens every year would count, but a one off party to celebrate a particular milestone (such as a 25th anniversary) would not.

3. The total cost per head must be £150 or less. The total cost per head is the total cost (including VATValue Added Tax. A type of tax which is charged when goods or services are supplied to a person in the UK.) of food, drink, entertainment, transport, venue hire, accommodation and other expenses, divided by the number of people attending).

   This rule is of great practical significance. If the cost of a relevant social is £150 or less per head, it is completely tax free. However, if the social costs over £150 per head, you must pay tax on the whole amount (not just the amount that exceeds £150) for every staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member at their specific tax rate. So, if you spent £151 per head, for every employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. in the top rate of tax (ie 45%) you would have to pay £151 plus 45% of £151. This equates to £151 plus £67.95, so the overall total would be £218.95. For every employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. in the 40% tax band you would have to pay £151 plus 40% of £151 equalling £211.40, and so on.

   Where you have more than one social in a year, you must keep the aggregate cost within £150 per head for them all to be tax free. For example, if you have one annual social event in the summer costing £75 and one at Christmas costing £75 per head, they are both tax free because the total cost per head is only £150.

   If you have one social event costing £100 per head and another costing £80 per head, you exceed the £150 threshold so only one of them will be tax free and you must pay tax on the other. It makes best sense to utilise the exemption for the more expensive event.

Yes, you can. However, you must ensure that all staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. (excluding freelancersPeople, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. ) within the department are invited, and you must also ensure that every department has an event organised, so that all members of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. have access to a party.

See Q&A 11 for other factors you will need to take into account to ensure your event is tax free.

In order to be tax free, the party must be an annual event. The Christmas party which happens every year would count, but a one off party to celebrate a particular milestone (such as a 25th anniversary) would not.

See Q&A 11 for other factors you will need to take into account to ensure your event is tax free.

Yes, but you need to ensure that the aggregate cost per head is £150 or less. For example, if you have one annual social event in the summer costing £75 and one at Christmas costing £75 per head, they are both tax free because the total cost per head is only £150.

If you have one social event costing £100 per head and another costing £80 per head, you exceed the £150 threshold so one event will be tax free and you must pay tax on the other. It makes best sense for the more expensive event to be tax free.

See Q&A 11 for other factors you will need to take into account to ensure your event is tax free.

In order to be tax free, the total cost of your social must be £150 per head or less. If the social costs more than £150 per head, you must pay tax on the whole amount (not just the amount that exceeds £150) for every staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member at their specific tax rate. So, if you spent £151 per head, for every employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. in the top rate of tax (ie 45%) you would have to pay £151 plus 45% of £151. This equates to £151 plus £67.95, so the overall total would be £218.95. For every employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. in the 40% tax band you would have to pay £151 plus 40% of £151 equalling £211.40, and so on.

Where you have more than one social in a year, you must keep the aggregate cost within £150 per head for them all to be tax free. For example, if you have one annual social event in the summer costing £75 and one at Christmas costing £75 per head, they are both tax free because the total cost per head is only £150.

If you have one social event costing £100 per head and another costing £80 per head, you exceed the £150 threshold so only one of them will be tax free and you must pay tax on the other.

See Q&A 11 for other factors you will need to take into account to ensure your event is tax free.

The total cost per head is the total cost (including VATValue Added Tax. A type of tax which is charged when goods or services are supplied to a person in the UK.) of food, drink, entertainment, transport, venue hire, accommodation and other expenses, divided by the number of people attending.

See Q&A 11 for other factors you will need to take into account to ensure your event is tax free.

If you invite your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' spouses or partners to your work social, you can still benefit from tax advantages provided that the criteria set out in Q&A 11 are met. Importantly, any spouses or partners who attend will be included in the headcount when you are calculating the total cost per head.

Bear in mind, however, that while you are likely to be able to claim back VATValue Added Tax. A type of tax which is charged when goods or services are supplied to a person in the UK. on the cost of entertaining your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., you're unlikely to be able to claim back VATValue Added Tax. A type of tax which is charged when goods or services are supplied to a person in the UK. on the cost of providing free hospitality to their spouses or partners. Full coverage of VATValue Added Tax. A type of tax which is charged when goods or services are supplied to a person in the UK. recovery is outside the scope of this service.

Yes. Your drugs policy, which should be included in your staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures., may state explicitly that it is a disciplinary offence for staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to take illegal drugs in the workplace (including at work social events). Even if this is not explicitly stated in your policy, it is likely to be acceptable for you to take disciplinary action because your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has committed an illegal act at your work social. In doing so, you can also take into account any damage to your public reputation that has been caused to your business (eg if photos of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member taking drugs are posted on social media to a page which some of your clients follow) and whether your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's drug use has irreversibly undermined your trust and confidence in them.

If you will be taking disciplinary action against your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member, you should deal with the situation as soon as possible and with the same level of formality and seriousness as if the incident occurred in the workplace. This does not mean that you should suspend or dismiss your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member immediately; it means you should investigate the situation with urgency, uncover the facts, and follow your normal disciplinary procedure insofar as it applies to that individual. If you do not, and the perpetrator is an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. who has been continuously employedHow long a person has been employed without a break lasting at least a week. Time off work whilst still employed (eg annual leave, sick leave etc) does not count as a break. by you for two years or more, you could face a claim for unfair dismissalWhen an employee is dismissed without good reason or without following the proper procedure. Tribunal awards for unfair dismissal are up to one year's gross pay, currently capped at £93,878.. See Taking disciplinary action for how to conduct disciplinary procedures and Staff handbook and policies for a template procedure you can use. See Staff resignations and retirement for how the law of unfair dismissalWhen an employee is dismissed without good reason or without following the proper procedure. Tribunal awards for unfair dismissal are up to one year's gross pay, currently capped at £93,878. is likely to change under the Employment Rights Bill.

If you are informed that a member of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. has abused, assaulted or harassed another person at a work social, you must take the matter seriously and act swiftly.

The first step will be to identify the full facts of what is being alleged. If the person making the allegation is an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., you will need to treat it as a grievanceA concern, problem or complaint which a member of staff raises with his employer. and handle it appropriately. Failure to handle an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s grievanceA concern, problem or complaint which a member of staff raises with his employer. correctly is likely to damage your relationship with them and could even lead to legal claims against your business. For example, if they have been continuously employedHow long a person has been employed without a break lasting at least a week. Time off work whilst still employed (eg annual leave, sick leave etc) does not count as a break. by you for over two years and they do not feel able to remain in your employ due to a mishandled grievanceA concern, problem or complaint which a member of staff raises with his employer., they may resign and claim constructive dismissalWhere an employee has resigned because his employment contract has been seriously breached, he can regard himself as having been dismissed.. In addition, a failure to properly address an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s grievanceA concern, problem or complaint which a member of staff raises with his employer. can itself amount to harassmentUnwanted behaviour that makes someone feel intimidated, degraded, humiliated or offended. or discriminationTreating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation. against that employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. by your business.

See Staff handbook and policies for a suitable grievanceA concern, problem or complaint which a member of staff raises with his employer. procedure to minimise this risk.

Once you have established what is alleged to have happened, you will need to deal with the perpetrator; see Q&A 21 for further information about this.

Note that your business could be fixed with responsibility for the actions of a staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member at a work social, meaning that the victim (even if this is a fellow staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member) may be able to bring a legal claim against your business relating to the incident eg for any injuries they suffered. See Q&A 22 for further information about this.

First, you will need to gather the facts about what is alleged to have happened, via a grievanceA concern, problem or complaint which a member of staff raises with his employer. process if necessary; see Q&A 20 for information about this.

You must deal with the situation as soon as possible and with the same level of formality and seriousness as if the incident occurred in the workplace. This does not mean you should suspend or dismiss the staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member immediately; it means you should investigate the situation with urgency, uncover the facts, and follow your normal disciplinary procedure insofar as it applies to that individual. If you do not, and the perpetrator is an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. who has been continuously employedHow long a person has been employed without a break lasting at least a week. Time off work whilst still employed (eg annual leave, sick leave etc) does not count as a break. by you for two years or more, you could face a claim for unfair dismissalWhen an employee is dismissed without good reason or without following the proper procedure. Tribunal awards for unfair dismissal are up to one year's gross pay, currently capped at £93,878.. See Taking disciplinary action for how to conduct disciplinary procedures and Staff handbook and policies for a template procedure you can use. See Staff resignations and retirement for how the law of unfair dismissalWhen an employee is dismissed without good reason or without following the proper procedure. Tribunal awards for unfair dismissal are up to one year's gross pay, currently capped at £93,878. is likely to change under the Employment Rights Bill.

Note that your business could be fixed with responsibility for the actions of a staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member at a work social, meaning that the victim (even if this is a fellow staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member) may be able to bring a legal claim against your business relating to the incident eg for any injuries they suffered. See Q&A 22 for further information about this.

Yes; it is possible for a person (including a fellow staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member) to bring a legal claim against your business if a member of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. has injured them at a work social (for example, by punching them). The person may sue your business for damages An sum of money ordered by a court to be paid to a person as compensation for loss or injury. for their injuries (although your business will not face criminal charges).

The rules fixing your business with responsibility will usually apply if the perpetrator is your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., apprenticeA person who is taken on to learn a trade or skill. A modern arrangement involves an apprentice, an employer and a training provider such as a college. or casual workerA person hired to work on an as required basis, sometimes known as a seasonal worker. and may, more rarely, apply if they are an agency workerStaff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. or independent contractorA person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a freelancer or consultant. (but only if the relationship is akin to employment and not where the contractorA person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a freelancer or consultant. is carrying on their own independent business with their own clients). You can be held responsible for the staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's actions, and made to compensate the injured party, if there is a sufficient connection between their employment with your business and the situation they were in when the incident took place. What this means will be dependent on the specific circumstances but it may, in some cases, include incidents that occur at social gatherings after work or organised staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. parties.

See Q&A 23 for information about how you can avoid responsibility in certain circumstances.

Your business can, in some circumstances, be held responsible if a member of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. has injured someone at a work social (for example, by punching them). See Q&A 22 for further information about this.

However, if the injury resulted from an attack motivated by the victim's age, disabilityA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities., gender reassignment, marital status, pregnancy, race, religion or belief, sex or sexual orientation), your business can escape liability if you took all reasonable steps to prevent the discriminationTreating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation. before the incident occurred. The action you should take to prevent discriminatory behaviour will depend on your circumstances, but there are some general points that will apply to the majority of businesses. For example, you should have effective equal opportunities and anti-bullying and harassmentUnwanted behaviour that makes someone feel intimidated, degraded, humiliated or offended. policies in place and properly enforce them. StaffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. should be made aware of your policies and, where possible, should have had training in avoiding discriminationTreating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation.. If your business has received previous complaints of discriminatory misconductUnacceptable or improper behaviour but has not disciplined the guilty staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., it is unlikely you will be able to argue that you have effective anti-discriminatory policies.

For a template staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures. containing suitable policies, see Staff handbook and policies (you can choose to generate the policy either on its own or as part of a full staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.).

Yes, potentially. First, check the hire contract. It is fairly likely that the hire agreement for your venue will contain provisions requiring your business to pay for accidental or deliberate damage caused to the venue by the attendees of your event, in which case it will be very difficult to avoid responsibility.

Even if any hire agreement is silent on the matter, your business could still be fixed with responsibility for damage to the venue caused by staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. at a work social because of the general rules about an employerA person or business hiring one or more staff members. being responsible for the actions of its staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.. The rules fixing your business with responsibility for the actions of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. usually apply if the perpetrator is your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., apprenticeA person who is taken on to learn a trade or skill. A modern arrangement involves an apprentice, an employer and a training provider such as a college. or casual workerA person hired to work on an as required basis, sometimes known as a seasonal worker. and may, in some cases, apply if they are an independent contractorA person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a freelancer or consultant..There is no defence that you did not condone the actions of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members.

It is usually sensible to try to reach a commercially acceptable agreement to resolve and settle any damages An sum of money ordered by a court to be paid to a person as compensation for loss or injury. or costs.

If one of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members damages An sum of money ordered by a court to be paid to a person as compensation for loss or injury. the venue at a work social, you may (depending on the circumstances and whether or not the action was deliberate) wish to treat it as a disciplinary matter. As part of any disciplinary investigation, you should get in touch with the venue as soon as possible to find out their version of events and help you to establish the facts. See Taking disciplinary action for how to conduct disciplinary procedures and Staff handbook and policies for a template procedure you can use.

If a staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member calls in sick the day after a work social, where alcohol and a late night have been involved, you may be justified in suspecting that the reason for their absence is not genuine illness.

Dealing with staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who you suspect are not actually sick can be difficult, particularly because staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who take seven days or less off work for sickness are not required to provide any medical evidence to prove it. You should try to speak to the staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member to discuss their absence, but you are likely to have to take the staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's word for it that they are ill, unless you have definitive proof that they were not, such as seeing them doing something that would contradict their claims (although note that a sick staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is not necessarily required to stay at home throughout their period of sickness). Bear in mind that if your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. and you allege that they are not really sick, they could claim that your accusation is a breachA violation of a legal or moral obligation. of trust and confidence, resign and then claim constructive unfair dismissalA dismissal which is both constructive and unfair. Where an employee has resigned because his employment contract has been seriously breached, he can regard himself as having been dismissed. This is called constructive dismissal. Constructive dismissal can also be unfair dismissal - where an employee was dismissed for inappropriate reasons and/or after an insufficient process was followed. Generally, only an employee who has been continuously employed with a business for two or more years will be able to claim unfair dismissal. Certain reasons for dismissal are automatically unfair, meaning any employee can claim unfair dismissal, regardless of his length of service to the business. if they have been continuously employedHow long a person has been employed without a break lasting at least a week. Time off work whilst still employed (eg annual leave, sick leave etc) does not count as a break. for more than two years. If it is clear that a member of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. has taken illegitimate sick leave, this can be treated as a disciplinary issue. Dishonesty may be grounds for dismissal, provided that you have a reasonable belief (or better, evidence) that they actually were lying about being sick, but before dismissing an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. for dishonesty, you must usually give them a chance to defend themselves and conduct sufficient investigations into the incident.

In the vast majority of cases, this will not be an appropriate response for a one day absence after a work social, and you will have to treat it as a genuine sickness absence and follow your normal procedures; see Dealing with sickness absence for further information about this and Staff handbook and policies for a template sickness absence policy which you can customise for your business.

See Q&A 26 for information about things you can do to avoid staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. calling in sick the day after a work social.

Ultimately, you cannot prevent this and there is a limit to what you can do if it happens; see Q&A 25 for further information about this.

However, to avoid or discourage staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members from calling in sick the day after a work social, it may be helpful to remind them about your disciplinary policy for lateness or absenteeism and emphasise that unauthorised absences after the social will be treated in accordance with your usual disciplinary procedures. For guidance see HR policies, and example policies see Staff handbook and policies (you can choose to generate the policy either on its own or as part of a full staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.). You could also consider holding your socials on a Friday evening and/or permitting some leniency by allowing staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to come into work an hour late on the day after the work social.

Note that you should watch out for any staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who turn up to work the day after a work social who are still drunk and send them home if appropriate as you are under a duty to ensure the health and safety of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. in the workplace.