Caroline Hayward and Yasmin Milligan give the tips you need to throw a work party like there are not 1999 risks involved – or at least, to manage those risks.
“Every party needs a pooper, that’s why I’m inviting you…” [Source: anyone throwing a party]
Despite our differences every lawyer in the world shares one thing in common: we have all been called the fun police. In our November edition, we pay homage to this nickname and look at events from a legal perspective (part-ay).
So exactly how do we (a) think outside the box (and be fun and creative) while (b) staying inside the lines of law? While you are planning your social events, and all the fun that comes with them, make sure you consider these practical tips to ensure you stay on the right side of the law.
The theme
Arguably the best part of any party is coming up with and executing the theme of your event. Fun! The theme is the backbone of a great party but it’s important that the theme isn’t leading you down a dangerous path.
- Avoid discomfort and offence! The best advice we can give you is to really think through your theme. What would the invite look like, how would the venue be decorated, what activities would you have, what music would you play? How might people dress to fit the theme? You may want to avoid themes that involve or imply there will be socially irresponsible behaviour (pub crawls?), singling out any nationality/culture unless its authentically celebratory (remember your diversity policies) or what the dress code may look like (no one wants to attend parties with a Magic Mike or Victoria’s Secret theme…or heaven forbid…see their boss in lycra).
- Consider the cultural significance of the date. Speaking of diversity policies, make sure that you don’t schedule a party on a time or date that would mean certain people from different cultural backgrounds wouldn’t be able to attend or enjoy the festivities.
The invitation
It might be cool to have that Barbie-themed party complete with invite and photo booth but for the love of law, will someone think of the IP!
- Beware using copyright images. Remember; logos, graphics, and even fonts and colours can be trademarked so you need to take extra caution if you’re relying on a brand or concept for your theme (ie don’t use logos, graphics, certain fonts or colours unless you have the copyright holders permission and have probably paid a significant licence fee). Think… a blonde doll, wizard children, brick toys, a movie about secret agents. They’re all protected by copyright… and they police their rights actively.
- Not for staff eyes only! You may think that it’s an ‘internal only’ invitation or no one (including the owner of the IP) will see it, but that view is unlikely to last. Keep in mind everyone’s love of social media (especially with Aussie Corporate on the look out, yeah, we see you!). You should also remember that your invitation is the first look at the theme of the actual event – where people will inevitably be taking many photos of the great night they’re having for the socials.
- The best images in invites are free (of royalties, or licenced). Everyone loves an invitation with graphics. And there might be temptation to use Google Images for the perfect picture for your invitation. It’s free, it’s easy, there are billions of options – we get it. But someone owns the IP in those images and while it might be someone who hasn’t mastered security settings on their Facebook yet, it could also be a client or customer of your business. Any image used needs to be sourced from a royalty-free website which explicitly (in their terms and conditions) allows for the type of use that you intend. There are a few (dozen) sites that provide licences for their images. Some are free! Some sites even provide videos and soundtracks which can be licensed for use if you want to make your invite super fancy. Similarly, to images, also beware of using popular tracks for your invites without the correct licences!
Your invitation should include all the fun details, licenced images and…drum roll…details of your most relevant policies. These could include your:
- Code of Conduct
- Anti-bullying and harassment policies
- Policies related to alcohol consumption and drug use
- Workplace health and safety policies
- Social media policies, and
- Corporate card policies.
You also might consider including a section within the invitation on your expectations for behaviours on the evening such as: “We want everyone to have a fun and safe time, so we remind you of your obligations to create a safe work environment for all employees while attending workplace events”. Or something similar that reminds staff that while there’s fun to be had, the policies and obligations of the workplace are also coming to the party.
The final but very important factor to consider when finalising your invite is whether your event includes prizes or charity donations. You must remember (and seek advice from your KWM contact if necessary) that you may need a licence or charity status to ask for donations or seek to raise money or even offer prizes at events. Legislation applies to both categories when arranging events. You may need a licence to run a competition (and sometimes you can’t offer certain goods as prizes such as personally purchased Tay-Tay tickets!) and you may not be able to raise funds in certain circumstances.
The venue
If you’re hosting your event externally, you’ll need to keep an eye on those terms. You need to consider:
- Bump in and out times
- Training staff in the responsible service of alcohol
- Liability for lost or stolen items – especially (especially!) if there’s a cloak room
- Liability for damage (caused by their staff versus caused by… your staff)
- Security guards, if required
- Ensuring the venue has the appropriate music licence (if you haven’t hired a band or DJ)
- Whether staff are trained in first aid, there’s appropriate fire wardens or emergency signage
- Whether they have a food licence and food regulations are complied with
- Ensuring food tolerances and allergies are catered for
- Handouts/paperwork (OK, it would be a pretty dull party if there were handouts but…) – that any confidential IP is securely destroyed after the event and not photographed for social media.
Activities
It’s all fun and games until someone loses an eye…
Axe throwing, party yachts, cliff jumping or whatever the kids are into these days – if there’s a risk, you should consider whether you want to wear it. Whether it’s the risk of injury, drowning or death (happy holidays!).
- If you think the risk is tolerable, make sure you note the event with your insurers so they know it’s on and you can have the comfort of knowing it’s covered. If you think the risk is too extreme, say no (like they taught us in law school).
- You should also ask to see the venue’s terms and conditions and any insurance certificates of currency to make sure that if the event something happens, they have the correct insurance and will wear the cost.
- Remember – insurance won’t save you from reputational risk!
If you do decide to go ahead with a risky event, remember to minimise the risk any way that you can – for example – if it’s axe throwing, archery or any event where someone says ‘hold my drink’ – make sure those drinks are enjoyed after the axes are thrown. If it’s carnival rides, serve dinner afterwards. If its cliff jumping… well… just make sure your insurance is in order.
The party
Courts have held that there is a nexus between the workplace and workplace events. So even if you have a party after working hours at an external venue, you as the employer are still responsible for your employees at that party in the same way you would be if it was onsite during office hours.
At the party you should ensure:
- Water is served continuously (free flowing water everywhere!)
- No and low alcohol options are served
- If it’s onsite, ensure there’s presence by first aid officers and fire wardens. If it’s offsite, ensure there’s adequate emergency procedures and appropriately trained staff
- Everyone knows the exit strategy (see ‘Getting home’ below), and
- Relax and have fun! Trust your people to do the right thing (and be prepared to follow through with consequences for those who don’t, but that’s a whole other article).
The after party (or the after-after-party)
Is a partner/director/manager putting their work card down at a bar? Are a whole heap of partners/directors/managers putting their work cards down at various bars across the city? Chances are there’s a nexus to the workplace so you’re responsible for behaviour (and potential incidents…) at alllllll of those afterparties too. If you don’t want this responsibility (you don’t) – communicate your expectations around after parties to your leaders and ensure safe behaviour is encouraged (and displayed) by people leaders.
Getting home
Your responsibility as an employer extends to ensuring that your employees are safe and can get home safely.
- If your business isn’t paying for everyone’s ride home (which is fine) – make sure your policies and invitation are clear. There are always a random few who try to put their cab or uber home onto their corporate credit card.
- You should have plans in place to ensure that everyone gets home safely regardless – this means limiting alcohol if that needs to be done. Make sure your employees know your expectations if someone is unwell – should they put them in a cab to go home alone, should someone escort them to make sure they get home safely (or send them in an Uber which can be tracked), or in the rare event of serious illness – should they be taken straight to a hospital, or an ambulance be called? Remember that not everyone will know what to do in an emergency and a short email can provide employees with the certainty they need to make the right decision.
OK, so now we’re done with the legals and the risk – let’s have a good (and safe) party. OK? Happy holidays!
PS While you’re searching the web for your costume – check out other insights from the Office of General Counsel team here and subscribe to KWM Pulse using the button below to stay across upcoming articles in areas of interest.
