A word of caution before you let your hair down on a works night out!

December 12, 2025

The team social, the annual Christmas party, or just a few after-work drinks are a crucial chance to de-stress and bond with colleagues. But as the drinks flow and the formalities drop away, you mustn’t forget you are often still considered to be acting within the ‘course of employment.’

For employees in the UK, this means your conduct at any company event, whether on site or off-site including out of hours, it can land you in serious trouble with HR, potentially leading to disciplinary action up to and including dismissal for gross misconduct.

But you may ask why does your boss care about what you do when you’re off the clock?

The answer lies in the principle of Vicarious Liability.

What does that actually mean? Under UK law, your employer may still be accountable for your behaviour if an employee commits a wrongful act (such as harassment, bullying) against another person during a company event, the employer can be held legally responsible for that action. Since the company is “on the hook” for your behaviour, they have every right to enforce their disciplinary policies at these social functions to protect themselves and their staff.

The common ways we see it go wrong

Discrimination and Harassment

This is where most trouble starts. the equality act 2010 is very clear about unlawful behaviour linked to protected characteristics like age, sex, race, disability, religion and so on.

An alcohol-fuelled comment or ‘joke’ relating to a protected characteristic is not excused by the social setting but then there is also the physical side. Unwanted touching, lingering hugs, or overly familiar physical gestures towards colleagues can quickly escalate into a sexual harassment complaint or even assault.

Damage to Company Reputation

If your actions in public bring the employer’s name into disrepute, disciplinary action can follow. This can be public disorder such as getting into a verbal or physical confrontation, especially if you are wearing company branded clothes or are easily identifiable as an employee.

This has also been seen in social media by posting offensive, derogatory, or embarrassing photos, videos, or comments about the company, management, or colleagues. Assume that your digital conduct is visible to everyone.

Misconduct Towards Colleagues

Any intimidation, verbal abuse, or aggressive behaviour directed at a co-worker undermines the necessary trust and confidence required in the professional relationship.

The HR Survival Guide: Stay Safe, Have Fun

Enjoy your night, but keep these simple rules top of mind to ensure you don’t face a difficult Monday morning meeting with HR:

  • Moderate your alcohol consumption. “I was drunk” or “impairment” is not a valid legal defence for harassment or misconduct under UK law.
  • Do not attempt to raise or resolve workplace issues with managers or colleagues at the event. Use the company’s formal Grievance Procedures instead of attempting to settle conflicts informally or while under the influence.
  • Adhere to the same standards of respect and courtesy you would use during a business meeting.
  • If you are using company funds (e.g., a credit card), strictly adhere to authorisation limits. Misuse of funds will be treated as financial misconduct.

Final Word: The venue and the clock may change, but your fundamental professional responsibilities under UK employment law do not. Enjoy the party responsibly!

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