Can we discipline an employee for being drunk at the Christmas party?

It really depends on the circumstances but in most cases the answer will be no. It would be difficult to discipline employees for being drunk per se, particularly when alcohol is often free (and free-flowing) at the party. That said drinking off duty can be a potentially fair reason for dismissal on conduct or capability grounds. Disciplinary action may therefore be justified if, for example, the employee’s conduct is adversely affected by drinking alcohol at the party, or if the party is not just a social event. If clients are present at the party, it is likely that you will be entitled to have more control (on business interest grounds) over how much your employees drink and a greater