Amidst the festive cheer of the Christmas party season, this year brings an added layer of responsibility for employers: the new duty under the Equality Act 2010 to take reasonable steps to prevent sexual harassment.
The Worker Protection (Amendment of Equality Act 2010) Act 2023, effective from 26 October 2024, places a legal duty on employers to take proactive and reasonable steps to prevent sexual harassment in the workplace, including at work-related events like Christmas parties.
While employees cannot bring a standalone claim for a breach of this duty, it can have serious implications. If an employee successfully claims sexual harassment, tribunals will consider whether the employer has met this preventative duty. Failure to comply could result in an uplift in compensation of up to 25%. The Equality and Human Rights Commission (EHRC) can also enforce compliance.
Employers are required to anticipate potential risks of harassment, implement preventative measures, and ensure a safe environment for all employees.
High spirits, high risk?
Christmas parties – and other work-related social events – are considered extensions of the workplace, meaning employers must ensure they remain safe and inclusive spaces. However, the festive season, while a time for celebration, carries increased risks of inappropriate behaviour.
Social events often involve alcohol, which can impair judgement and lead to inappropriate comments or actions. Formal workplace boundaries may blur during social events, creating opportunities for misconduct. Interactions between employees of different seniority levels can lead to situations of harassment, whether intentional or not. Social events may also involve third parties, such as clients or other external individuals, adding another layer of risk.
Employers are now under a legal obligation to proactively prevent such types of harassment.
Practical Steps
To ensure your Christmas celebrations are enjoyable and compliant with the new legal duty, you can take steps such as the following measures to create a safe and inclusive environment in which to socialise:
1. Risk Assessment and Planning
a. Review Past Feedback: Look at any issues from previous events to identify patterns or areas of concern.
b. Engage Managers: Encourage managers to flag any underlying team tensions or dynamics that could pose risks.
c. Assess Venue and Activities: Consider how the setting, activities, and guest list might influence behaviour. For example, monitor environments where alcohol is served or where employees may interact with third parties.
2. Set Clear Expectations
a. Communicate Behaviour Standards: Before the event, remind employees of the organisation’s code of conduct and that work-related events are extensions of the workplace.
b. Highlight Reporting Mechanisms: Ensure employees know how and where to report concerns, including anonymous options if available.
3. Manage Alcohol Responsibly
a. Limit Free Bars: Avoid offering unlimited alcohol to reduce the likelihood of impaired judgement and behaviour.
b. Provide Non-Alcoholic Alternatives: Ensure the event is inclusive by offering a range of beverages for those who do not drink.
4. Provide Training
a. Refresher Training: Offer training for all staff on recognising and addressing inappropriate behaviour.
b. Manager-Specific Training: Equip managers to intervene effectively if they witness misconduct at the event.
5. Create a Supportive Culture
a. Inclusivity: An inclusive environment where all employees feel respected and safe reduces the risk of harassment.
b. Encourage Transparency: Make it clear that any reports of harassment will be taken seriously and handled appropriately.
6. Review and Learn
Carry out a post-event debrief, and address any issues promptly. If incidents took place, take immediate action and take steps to prevent them from happening again
Achieving the Balance
The new preventative duty is about proactively anticipating risks of sexual harassment and taking reasonable steps to address them. Failing to take adequate steps can have significant legal and financial consequences, including increased compensation awards and EHRC enforcement action.
For employers, therefore, there is a balance to be achieved between mitigating risk without dampening spirits. By setting clear expectations and standards of behaviour, employers can build an environment of respect and professionalism without diminishing the enjoyment of the season. Prioritising inclusivity and support across the workforce ensures that everyone feels valued and safe, allowing everyone to celebrate together comfortably in a festive atmosphere that is both fun and aligned with their duty to protect employees.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
