Preventing harassment at work Christmas parties

It’s Christmas party season – the Christmas jumpers are out, and employees are looking forward to a well-deserved evening of celebrations with colleagues before the festive break. Perhaps you’ve hired a venue away from the workplace to create a relaxed atmosphere.

However, despite the cheer and merriment, your obligations as an employer continue during the Christmas party. In fact, given the nature of such events, your responsibilities may make you more vulnerable.

Among other obligations, employers have a legal duty to take reasonable steps to prevent sexual harassment – an obligation recently tightened. This duty applies whether your employees are working in the office or attending an office event at a local bar celebrating the festive season.

The Worker Protection (Amendment of Equality Act 2010) Act 2023, a relatively new piece of legislation, places a proactive obligation on employers to minimise the risk of harassment. It covers the response to reported sexual harassment, actions taken by the employer to address it and steps to mitigate future risk.

Importantly, these requirements extend beyond employee conduct to include third parties. Employers must consider the reliability of any third parties that interact with their staff during the office Christmas party – including bar staff and other guests at the venue.

So, as you prepare your team for the big day, here’s what you can do to mitigate risk and respond appropriately if something is reported:

Recognise the risk

The first step is awareness. Prosecco (or maybe Champagne, if the budget allows!) may be flowing at the Christmas party but, as an employer, it’s important for you to identify the risks associated with colleagues consuming alcohol. If the event is funded by the employer and alcohol is provided, the risk is even greater; but even when employees gather and consume alcohol at their own expense, the risk remains.

Circulating an ‘all-staff’ email that gently reminds employees to drink responsibly and behave respectfully towards colleagues and staff is an awkward but essential step.

Encourage reporting

Within that email, employers should actively encouraging staff to report incidents of improper behaviour, including sexual harassment. Provide clear reporting channels and key contacts for employees to reach out to in the event of inappropriate behaviour.

Review your anti-sexual harassment policy

Employers should check their anti-sexual harassment policy is up to date in light of the new legislation and ensure it is readily available to employees. Staff should be absolutely clear on what behaviour is acceptable, what is not, what your duties as an employer are and how to report concerns.

Provide training

Before the Christmas party, employers should offer training for all workers that highlights the importance of reporting poor behaviour and clarifies what breaches sexual harassment legislation.

Conclusion

In summary, employers must understand their proactive responsibilities to prevent sexual harassment both in and out of the workplace – and should be able to demonstrate exactly how they are doing that.

With Christmas parties fast approaching, now is the time to review policies, communicate expectations and ensure compliance with the latest legislation.