Employers: Make sure you’re on top of new laws to prevent sexual harassment at the Christmas party
Christmas parties have a certain reputation – and we all know why.
With the alcohol flowing and inhibitions lowered as a result, festive workplace celebrations can take an undesirable turn, including unwelcome sexual attention.
Under the Worker Protection Act (which amends the Equality Act 2010), organisations are now legally required to take ‘reasonable steps’ to protect employees from sexual harassment in the course of their employment, which can include office parties.
That’s why it remains so important for employers to take a moment to ensure that their internal policies are up to date and robust as well as carefully managing arrangements for the Christmas party and any resulting fallout.
What are the sexual harassment rules under the Worker Protection Act?
Since October last year (2024), employers have been obliged to take proactive steps to prevent sexual harassment by both colleagues and third parties, including clients and customers, at work-organised social gatherings.
This means a responsibility to anticipate and prevent harassment with the possibility that an Employment Tribunal could increase any compensation awarded by 25% if it finds an employer in breach of this duty.
The Equality and Human Rights Commission (EHRC), which has the power to investigate under the Act, outlines some key steps for employers including:
- Ensuring there is an effective anti-harassment policy in place.
- Conducting a risk assessment for both the workplace and anywhere an event is being held.
- Making sure there are open channels for staff to raise concerns and that they know how to report harassment.
- Training all employees on acceptable behaviour and complaint procedures.
- Regularly reviewing and updating prevention measures.
How else can employers assess Christmas party risks?
Make sure your employees know before party night what behaviour is and isn’t considered ok.
You could look at restricting the number of free drinks per person and ensure everyone understands what’s expected of them in terms of turning up to work the following day.
Reacting swiftly to any issues arising from the Christmas Party is also vital while memories are still fresh.
Get in touch
If you need advice about your employment policies, or if a claim has arisen due to a Christmas party incident, please contact Wards Solicitors’ specialist Employment Team.
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Click here to read what else we’ve written about Christmas parties.