NehaLuggDavidLorimer

Alcohol-free is fast becoming not only a religious or cultural choice, but a lifestyle choice. There have also been a significant number of alarming headlines demonstrating the role that alcohol has played at workplace events, resulting in harassment or other inappropriate behaviour, and significant reputational harm.

Employers should look at workplace events with a renewed lens; ensuring that social events represent a welcoming, safe and inclusive environment for all. Some employers will want to go 0%, but not all. Where alcohol continues to feature at social events, employers should take sensible steps to mitigate the risks of unwise and inappropriate behaviour.

For example, employers should remind employees that a work social is an extension of the workplace, be clear about what is and is not acceptable, and, in particular, highlight the risk that inappropriate behaviour can amount to unlawful discrimination, harassment or bullying, whether that was the intention or not. Employers should also ensure that there is no undue pressure placed on staff to drink or to conform.

Where alcohol is being provided by the employer, there is a duty to protect the safety and wellbeing of all staff. As a recent tribunal decision highlighted, making alcohol freely available to employees carries its own risks and employers should put in place reasonable safeguards to protect staff. That might include conducting a risk assessment ahead of any event, making a senior manager available at the event with whom any issues or concerns around behaviour can be shared, and ensuring that those behaving inappropriately are quickly removed.

On the positive side, there is a lot employers can do to embrace alternative social events at which all employees can feel included. Instead of late drinks, they could think about team brunches. Instead of drinking at the members’ bar at the cricket, employers could arrange more active events like online or in-person yoga classes. Instead of an evening drinking mojitos, they could host a mocktail making class.

More broadly, employers can consider diversifying the timing and focus of their bigger events to allow employees to experience and learn about more marginalised cultures. That could include, for example, celebrating Eid-al-Fitr by sharing a meal and learning about the festival of Eid, or hosting an afternoon tea as part of Pride celebrations.

The most important thing employers can do is empower their employees to make good decisions, both in organising and attending social events. That means having clear and embedded values, senior employees living out those values, and making sure that that all staff understand the types of behaviours that underpin these, and those that do not.

Neha Lugg is a senior legal trainer and David Lorimer is a legal director at Lewis Silkin