A Guide for Employers on Preventing Sexual Harassment at the Christmas party

The majority of businesses arrange a Christmas party for their staff, in part, as a reward for all the hard work during the course of the year. The new Worker Protection (Amendment of the Equality Act 2010) Act 2023 has placed an additional duty to protect workers and other individuals associated with the business from sexual harassment. The Christmas party is often the source of such behaviour as the combination of a relaxed attitude and consumption of alcohol can lead to over-familiar improper behaviour or comments. Giambrone & Partners lawyers have suggestions as to how the event can be managed to limit the potential for such behaviour to occur.

An employer is liable for any sexual harassment that an employee perpetrates regardless of whether the business was aware of the behaviour. It may, in some instances, be difficult to demonstrate that “all reasonable steps” have been taken by employers to protect their employees, and that those steps are sufficiently comprehensive. It is important to consider whether or not there are any further levels of protection that could be in place.

Daniel Theron, a Partner, commented “Employers would be wise to remind their employees, prior to the Christmas party, that sexual harassment and other improper behaviour will not be tolerated and that there will be serious consequences to the perpetrator if such behaviour occurs.” Daniel further pointed out “employers are now responsible both before and after an issue occurs, if it is deemed that they failed to proactively mitigate such behaviour. In practice the employer must anticipate situations where such an event could occur and put in place a code of conduct and policy that the employees must observe, which can be reinforced and brought to the attention of employees in particular prior to events such as Christmas party’s or other office gatherings taking place.”

Practical Steps for Employers to take:

• Training the workforce with regard to the Worker Protection (Amendment of the Equality Act 2010) Act and ensuring that they have a full understanding.
• Have a clear anti-harassment policy which the entire staff are aware of.
• Have a clear confidential reporting policy that all staff can easily access.
• Making the attendees aware that the Christmas party is a work-related event where professionalism should still be maintained and anti-harassment rules apply despite the fact that it is not in the workplace and takes place after normal working hours.
• Consider limiting the amount of alcohol provided, for example, limiting the number of free drinks or providing free drinks up until a certain time, after which the employees have to pay for their drinks themselves, which may slow down the drinking.
• Make it clear to all staff that should there be any breaches of the anti-harassment policy, or any other unprofessional conduct, could result in consequences which may lead to disciplinary action being taken, in accordance with the business disciplinary and dismissal policy.
• Appoint some senior staff to monitor the overall behaviour at the party and identify any employees that are liable to present a problem. This may prevent the escalation of a situation. 
• Provide canapés or more substantial snacks during a drinks reception, as well as non-alcoholic options.

Giambrone and Partners’ employment lawyers strongly urge businesses to be proactive in their approach not only protect their employees but also create a culture of respect and accountability that reflects well on the organisation. Failure to manage sexual harassment in the workplace correctly may lead to lengthy and costly Employment Tribunal cases.

The Equality and Human Rights Commission (“EHRC”) comments that “sexual harassment continues to be widespread and often under-reported. Everyone has a right to feel safe and supported at work […] Employers will need to take reasonable steps to safeguard their workers. We have updated our guidance to ensure they understand their obligations and the kinds of steps they can take. We will be monitoring compliance with the new duty and will not hesitate to take enforcement action where necessary.”

Our employment lawyers can provide guidance and advice in connection with the recent changes to employment law, and the most pragmatic way in which a business can deal with these changes.