Festive socials at work: where does your duty start, and where does it stop?
19 December 2025 | Michelle Biggs
Slight confession before we begin, this advice has arrived a bit like the last mince pie on the plate, technically still useful, but it’s turned up after most of the action has already happened. That said, festive-season hiccups have a habit of appearing right through December and into the New Year, so we’re sharing it anyway, partly for anyone still to gather, and partly as a handy “next year, let’s do this properly” checklist.
End of year get-togethers are meant to be a treat. Most are, but all it takes is one bad decision for a lovely team moment to turn into a grievance, a tribunal risk, or worse.
Here’s a practical way to think about it, using four common (and uncomfortable) scenarios.
When is a “social” actually a work event?
A good rule of thumb is this, if it’s reasonably connected to work, treat it like work.
That can include an event that’s funded by the organisation, arranged by managers, promoted internally as a team activity, or attended mainly or only by colleagues. In those situations, employers can still be on the hook for discrimination and harassment connected to the event, sometimes described as vicarious liability.
It can even get complicated when the official event ends and people move elsewhere, context and connection matter.
SCENARIO 1
The inappropriate Secret Santa gift
What’s the issue?
A sexualised gift, such as lingerie, can amount to sexual harassment even if the giver claims it was “only a joke”.
What to do now
- Take it seriously, and act quickly.
- Check in with the recipient privately, agree what support they want, and record what happened.
- Start a fair investigation under your normal process, then consider disciplinary action if appropriate.
How to avoid in the future:
UK employers now have a specific legal duty to take reasonable steps to prevent sexual harassment, in force since 26 October 2024. Training, clear standards, and visible consequences all help demonstrate you’re taking that duty seriously.
SCENARIO 2
Someone drinks too much, and the police get involved on the way home
What’s the issue?
If someone is clearly intoxicated at a work-related event, you still have a welfare responsibility while they’re in the group’s care, and you should be thinking about safety and safeguarding.
What to do now
- Prioritise safety and de-escalation, not judgement.
- If police take over immediate care, your ability to intervene is limited, but you should still document what happened and follow up appropriately.
- If they are not detained and continue their journey, consider arranging safe transport, or having a responsible colleague (not equally intoxicated) accompany them. Reimburse reasonable costs.
How to avoid in the future:
Alcohol risk is a health and safety issue as well as an HR one, so having a sensible approach and a clear policy matters (we have template policies for both Alcohol and drugs on our Partner Hub).
SCENARIO 3
After the lunch, someone returns to the office and causes damage
What’s the issue?
Damage to property (eg. setting off a fire extinguisher or breaking equipment), safety risks, and potential impact on others. Even if it happens after the “official” part, it can still come back to the employer.
What to do now
- Make the area safe first (and involve facilities or emergency services if needed).
- Investigate promptly and fairly, and consider disciplinary action.
- Keep the focus on behaviour and impact, not just the cost.
How to avoid in the future:
Be clear about whether returning to the workplace is allowed after the event, and control access if needed (for example, limit who has keys or alarm codes during the event period).
SCENARIO 4
A serious sexual incident at a any venue
What’s the issue?
If someone behaves sexually towards a colleague, such as lifting a skirt of someone who is unconscious or unable to consent, this may be a serious criminal offence. It is also gross misconduct territory.
What to do now
- Put the affected employee’s welfare first, ask what they need, offer support, and respect their choices.
- Consider safeguarding steps immediately (including separating parties at work, adjusting duties, or temporary measures while facts are established).
- Run a disciplinary process separately from any police process. They are different routes with different thresholds.
How to avoid in the future:
Make sure managers understand what to do if something serious is reported, including how to preserve confidentiality, avoid victimisation, and respond consistently.
Prevention is better than cure: a simple prevention checklist that actually helps
Before the event
DURING THE EVENT
AFTER THE EVENT
- Re-share conduct expectations and reporting routes.
- Remind everyone that harassment and discrimination rules apply at work socials too.
- Make sure managers know they’re “on duty” in a common-sense way.
- Avoid unlimited free bars, consider drink tokens or a defined finish time.
- Have a named responsible person (or two) who stays clear-headed.
- Offer inclusive options that do not centre alcohol.
- Make it easy to get home safely (taxi guidance, public transport info, hotel options where relevant).
- Encourage early reporting, and respond quickly if something is raised.
Final thought
Festive celebrations should be fun, but they’re also a moment where culture shows itself, for better or worse. Clear expectations, sensible planning, and confident early action are usually the difference between a good story and a difficult investigation.
Need a sounding board? Try the SEE HR Surgery
If your organisation is a member of SEE, you already have access to our networks, including the HR Surgery, a friendly space where HR colleagues from across the region share insight, templates, and practical best practice.
It’s a great place to sense-check tricky situations, learn what’s working elsewhere, and pick up ideas you can apply straight away, especially at busy times of year when questions come in fast! Drop us an email info@seemp.co.uk or check out our website seemp.co.uk/collaborate/