Employer Resources Newsletter – October 2026

As the end of 2026 approaches, many organisations will be looking forward to celebrating the year’s achievements with colleagues. Whether it is a party, an end-of-year lunch, a team night out or an informal gathering, work-related celebrations can be a valuable opportunity to recognise employees, strengthen working relationships and bring colleagues together.

For organisations with remote and hybrid teams, these events can be particularly important in building connections beyond the virtual meeting room.

However, a relaxed atmosphere, alcohol and socialising outside normal working hours can create risks that organisations should not overlook. Inappropriate behaviour, harassment, accidents, alcohol-related incidents and social media posts can all have consequences for employees and their employers long after the event has ended.

The good news is that these risks can be reduced through sensible planning, clear communication and appropriate safeguards. Organisations do not need to take the fun out of the occasion, they need to ensure that everyone can enjoy it in a safe, respectful and inclusive environment.

Here are our recommendations for hosting a successful work celebration while minimising employment law and health and safety risks.

Remember that workplace standards still apply

One of the most common misconceptions about a work party is that normal workplace rules no longer apply once employees leave the workplace.

In reality, an event may remain work-related even when it takes place in a hotel, restaurant or other off-site venue, outside normal working hours. The circumstances of the event, its connection with the workplace and the conduct involved will all be relevant when assessing an employer’s responsibilities.

Management should therefore remind employees in advance that the organisation’s standards of dignity and respect apply at work-related celebrations, including appropriate conduct towards colleagues, managers, clients and other guests.

A short, friendly communication before the event should reinforce that:

• Bullying, harassment, sexual harassment, discrimination, intimidation and unwanted physical contact will not be tolerated.
• Employees are expected to respect personal boundaries and behave professionally, even in an informal setting.
• The organisation’s relevant policies and reporting procedures continue to apply.
• Concerns or complaints arising from the event will be taken seriously and addressed appropriately.

Employers should avoid relying on a policy document alone. They should be able to demonstrate that their policies are communicated, understood and implemented in practice.

Review your policies and procedures

An end-of-year celebration provides a useful opportunity to remind employees of the policies that govern workplace conduct.

Depending on the organisation, these may include:

• Dignity at Work and Anti-Harassment: including bullying, discrimination, sexual harassment and respectful behaviour.
• Grievance and Disciplinary Procedures: explaining how complaints will be handled and how inappropriate conduct may be addressed.
• Alcohol, Drugs and Fitness for Work: setting expectations around alcohol consumption, impairment and safety-critical duties.
• Social Media and Data Protection: covering photographs, videos, online comments and the sharing of information about colleagues.
• Attendance and Absence Management: clarifying normal attendance requirements and the procedure for reporting absence the following day.
• Health and Safety: outlining responsibilities for personal safety, safe conduct and reporting accidents or hazards.

Plan for health and safety

The Safety, Health and Welfare at Work Act 2005 places duties on employers to manage work-related health and safety risks. Where a celebration is organised as a work event, employers should consider the reasonably foreseeable risks associated with any arrangements.

The extent of the planning required will depend on the nature, scale and location of the event. A small lunch in a familiar restaurant will present different risks from a large party involving entertainment, dancing, alcohol or organised activities.

A well-chosen venue and a little preparation can prevent avoidable accidents and demonstrate that employee welfare has been taken seriously.

Manage alcohol responsibly

Alcohol is often associated with end-of-year celebrations, but it can increase the risk of inappropriate behaviour, poor judgement, conflict and accidents.

Organisations should consider whether drink vouchers, a limited drinks allocation or even a more informal daytime event would be appropriate.

Make inclusion part of the planning

A successful celebration should allow employees to feel welcome, regardless of their personal circumstances, beliefs or preferences.

Not everyone celebrates Christmas, drinks alcohol, eats the same foods or feels comfortable attending a late-night event. Employees may also have caring responsibilities, disabilities, religious commitments or other reasons for preferring alternative arrangements.

Consider the following practical steps:

• Use an inclusive event name, such as ‘End-of-Year Celebration’, where appropriate.
• Offer a choice of food and drinks, taking account of dietary, religious and accessibility requirements.
• Choose a venue that can accommodate employees with disabilities and mobility requirements.
• Consider daytime or early-evening options that are more accessible to employees with caring responsibilities.
• Make attendance genuinely optional and avoid putting pressure on employees to attend.
• Where practical, consult employees about the format and timing of the event.

Inclusion is not simply a matter of changing the name of the party. The aim is to create an event in which employees can participate comfortably and on an equal footing.

Set expectations for managers and senior employees

Managers can unintentionally create employment-related difficulties when they discuss promotions, pay, performance or career prospects in a social setting.

A casual comment about a future promotion or salary increase may be interpreted as a commitment, while a poorly judged joke or remark can undermine an employee’s dignity.

Managers should be reminded to avoid sensitive employment discussions at the event. They should also be mindful of the additional influence they may have over employees who report to them.

Any subsequent complaint should be handled fairly, promptly and in accordance with the organisation’s procedures.

Don’t overlook photographs, videos and social media

In 2026, a work party can quickly become a source of online content. Photographs, videos, group messages and social media posts may continue to affect employees well after the event.

Organisations should remind staff that their social media and data protection responsibilities do not disappear at a work celebration.

A simple reminder before the event can help prevent an enjoyable occasion from becoming an online embarrassment or a formal workplace complaint.

Help everyone get home safely

Organisations should encourage employees to plan their journey home before the event begins.

Depending on the venue and location, useful measures may include providing public transport information, identifying local taxi options, arranging transport or confirming when the event will finish.

Plan for the working day afterwards

The morning after the party can present its own challenges, particularly where employees are expected to resume work as normal.

Employees should be reminded that they must be fit to perform their duties safely. Attending work while impaired by alcohol or drugs may create a serious risk, particularly for employees who drive, operate machinery, work at heights or carry out other safety-critical tasks.

Organisations should also consider whether a late-night event is compatible with the next day’s working arrangements, especially for employees who have a longer commute or perform demanding duties.

Celebrate with confidence

Work-related celebrations remain a valuable opportunity to recognise achievements, strengthen relationships and thank employees for their contribution throughout the year.

The most effective approach is not to discourage celebrations, but to plan them responsibly. Clear expectations, inclusive arrangements, proportionate safety measures and a fair process for dealing with concerns can significantly reduce the risk of an enjoyable event becoming a costly or damaging workplace issue.

Our advice for 2026 is simple: plan ahead, communicate clearly, lead by example and make employee safety and dignity part of the celebration. With the right precautions in place, both employers and employees can enjoy the occasion and look forward to the new year on a positive note.

Civil Servant Reinstated to Position He Was Dismissed From in 2022

Background:

The Complainant had been employed as a Clerical Officer with the Respondent for almost twenty-five years.

Summary of Complainant’s Case:

In 2015, the Complainant began to suffer neurological difficulties. He had various medical investigations and provided details to the Respondent. He was absent due to depression and exhaustion during this period with no cause identified. He had been assessed by the Chief Medical Officer on a number of occasions.

In 2019, he was offered retirement on ill-health grounds but declined to take it up as he was hoping to return to work. He was found fit to return to work on a part-time basis, but this was not allowed in June 2019. He had an unsuccessful return to work in August 2019 and was told he was unlikely to return to work in the foreseeable future. Despite a lengthy absence on sick-leave and difficulty returning to work due to his concentration and fatigue, the Chief Medical Officer found him fit to work in April 2022. The Complainant said he continued to be unwell but tried to return to work in September 2022. He needed to return due to financial issues. In September 2022, he left work due to ill-health following a complaint of bullying against his supervisor. He said he was not given breaks he required.

There was a chain of emails with HR dated September 2022 when the Complainant was upset. The Complainant said he might have to think of leaving the Respondent. He never said he was resigning. Due to his failure to respond to a number of emails which he never read as he was too ill, he was deemed to have resigned by the Respondent in September 2022. This was due to his abandonment of his post, absence history, including unauthorised absence, breach of both Civil Service Sick Leave Regulations and Policy and the Civil Service Code of Standards and Behaviour, and an unsuccessful attempt to return to work earlier in September 2022.

The Complainant said the first he knew of this was in April 2023, when he received a letter referring to his resignation. He had not read the emails. He felt let down given his long service, the Respondent did not telephone him.

The Complainant complained that he had been unfairly dismissed. He had a good work record prior to his medical difficulties. He only found out about his dismissal in April 2023. He then appealed. He lodged his complaint as soon as the internal appeal was refused. He disputed that he resigned.

Summary of Respondent’s Case:

The Respondent submitted the Complainant’s absence records and various attempts to return to work between May 2017 and September 2022.

In April 2022, the Chief Medical Office confirmed the Complainant was not receiving any medical treatment for a condition, had made certain lifestyle changes, his activities of daily living were normal, having reviewed the file she found he was fit to return to work. She said the Complainant’s departure from work was due to a perception that the training was not satisfactory, and he would like to receive a copy of the training manual for his new role in advance. A new role was identified for the Complainant, and he was requested to attend for work in September 2022. He was offered a meeting to discuss any supports required, and to confirm he would comply with sick regulations going forward. He was advised that failure to confirm he was returning by 9th September 2022 would result in a deemed resignation.

In April 2023, a letter was sent to the Complainant confirming his resignation. The Complainant replied saying he had not resigned. HR wrote to him confirming the Respondent’s position that there was no reasonable prospect of the Complainant’s return to work or the provision of regular service.

The Complainant made an appeal which was unsuccessful.

The Respondent submitted that it acted fairly and reasonably, and the Complainant failed to engage in a proper manner. The Complainant could not have been in any doubt that his employment was at risk and chose not to engage.

Findings and Conclusions:

The Complainant had long service dating back to 1991 as a Clerical Officer. He suffered from medical difficulties from 2015. He was absent on sick leave from 2017 until 2019 with difficulties concentrating, and fatigue. He was diagnosed with depression and fatigue and was attending further neurological tests.

The Complainant had an unsuccessful attempt to return to work in July 2019. It was confirmed by the Chief Medical Officer in August 2019 that he was unfit for work and unlikely to return to work for the foreseeable future.

The Complainant was requested to submit medical certificates from July 2019 until February 2022 otherwise he was at risk of being deemed on unauthorised leave for failure to comply with sick-leave Circulars. The Respondent said the Complainant did not provide medical certificates and was on unauthorised leave for the period. At the hearing, the Complainant produced a medical certificate from his GP certifying his absence from April 2021 until October 2021. He said he showed the certificate and evidence of hospital appointments for neurological assessment to the Chief Medical Officer.

The Complainant was found fit for work by the Chief Medical Officer in April 2022. The Complainant was required to attend for work by 9^th September 2022 otherwise he would be deemed to have resigned. The Complainant had another unsuccessful attempt to return to work in September 2022. He emailed the HR representative in September 2022 to say he had been sick and ‘it looks like I very reluctantly have to leave a job I once enjoyed….’ HR emailed him asking if he wished to resign. He responded with a cryptic message and other queries and then ceased responding.

The Complainant gave evidence that he was ill and did not read the emails that were sent by the Respondent. He never received any telephone call, or letter from HR asking if he was resigning until April 2023. He disputed that he resigned.

The Adjudicator was satisfied from a review of the emails between the parties, that the Complainant did not resign.

The Adjudicator acknowledged that the Respondent was frustrated by the Complainant’s failure to respond to their emails, and to comply with procedures. However, in order to progress any disciplinary or other procedure against the Complainant, it was essential the Complainant was on notice of the allegation or charge against him and had an opportunity to respond. The Complainant never received any telephone call, letter by courier or registered post asking if he was resigning until the letter in April 2023 confirming his resignation. This was some seven months after the resignation he disputed. He had also notified the Respondent he was ill at the time.

The Adjudicator found the Complainant was unfairly dismissed on procedural grounds. In all the circumstances, the appropriate redress was reinstatement of the Complainant from September 2022 in order to preserve the Complainant’s superannuation rights.

Decision:

The Complainant was unfairly dismissed. The Adjudicator directed the reinstatement of the Complainant from September 2022 by the Respondent.

Recommendations for employers:

In this Case, the Complainant was deemed to have resigned by the Respondent on the basis that he had abandoned his post after a series of long-term absences on medical grounds.

The Respondent relied heavily on unanswered emails and assumptions arising from the Complainant’s absences and non-engagement. As the Respondent was aware of the Complainant’s long-term health complications, its failure to take further reasonable steps such as telephoning the Complainant or sending formal written correspondence by registered post undermined its defence that it had acted fairly and reasonably prior to the dismissal.

The Adjudicator accepted that the Respondent was frustrated by the Complainant’s prolonged absences and lack of engagement but emphasised that an employee must be clearly placed on notice of any allegation or proposed termination and given a genuine opportunity to respond before dismissal occurs.

Perhaps most notable was the Adjudicator’s order to reinstate the Complainant to his position from September 2022. The remedy of reinstatement typically requires full retrospective pay and benefits and exposes organisations to substantial liability beyond ordinary compensation awards. Although uncommon in practice as trust and confidence between employer and employee is often irretrievable in unfair dismissal claims, this decision highlights that the Workplace Relations Commission will order reinstatement where a Complainant’s dismissal cannot be adequately compensated by a financial award.

New Gender Pay Gap Reporting Requirement for 2026

The publication of the Employment Equality and Institutional Burials (Amendment) Bill 2026 (the Bill) includes an anticipated change to existing gender pay gap reporting arrangements.

The Bill proposes amendments to the Employment Equality Act 1998 that would require organisations with 50 employees or more to report their gender pay gap information to the Minister for Children, Disability and Equality, alongside their existing publication obligations.

The key aim of the Bill is to establish a formal requirement for in-scope organisations to submit their gender pay gap information to the Minister. This would add a reporting obligation to the existing framework under which organisations publish their gender pay gap results.

Further detail on how this power will operate is expected to be confirmed in the implementing regulations. It can be assumed that the Government’s online portal, which has been available for voluntary registration since November 2025, is likely to be the vehicle for reporting to the Minister.

What happens next?

The Bill is still progressing through the legislative process and has not yet become law. Its provisions may change before enactment, and the precise requirements will depend on the final legislation and any regulations subsequently introduced.

Organisations with 50 employees or more should keep the proposed changes under review to ensure they are ready to meet any additional requirements applicable to the 2026 reporting cycle.