Office Christmas parties could be very different this year thanks to new rules coming into force at the end of October. From October 26, employers will face a new legal obligation to take “reasonable steps” to protect their workforce from sexual harassment under the Worker Protection (Amendment of Equality Act 2010) Act 2023.
Lucy Cobb, Employment Law Specialist and Advice Operations Manager at BrightHR, said: “The work Christmas party, a cherished tradition in the UK since the 19th century, has evolved into a cornerstone of the corporate social calendar, with employees across the country looking forward to letting their hair down and enjoying some festive cheer.
“However, these celebrations can also be a minefield for employers, particularly when it comes to the potential for inappropriate behaviour and misconduct. Holiday cheer often comes in the form of a drink or two, which can lower inhibitions and lead to behaviour that might not happen in a sober setting. Informal settings can blur the lines of professional behaviour, and close interactions can lead to uncomfortable situations. According to one recent survey, 1 in 10 employees are planning to miss their Christmas party this year to swerve unwanted sexual attention.
“This year, with the new amendments to the Equality Act 2010 coming into force, employers must be more vigilant than ever. The new rules impose an ‘anticipatory duty’ on employers to prevent sexual harassment, including harassment by third parties such as clients or customers, and at work-related social events like Christmas parties and after-work drinks.
“Failure to take ‘reasonable steps’ to prevent such incidents could result in significant liability for businesses, even if the perpetrator is not an employee. Compensation at employment tribunals for sexual harassment claims can already be substantial, and failing to meet this new proactive duty could increase awards by 25%.
“The EHRC will also have a new power to enforce these rules and take action against employers failing to take ‘reasonable steps’ to prevent sexual harassment, even if no allegation has been made. This heightens the risk for businesses, as from October 26 onwards, employees can report their employer to the Equality authorities at any time if they feel preventive measures are insufficient.
“With the festive season approaching, it’s crucial for employers to understand their responsibilities and take proactive measures to ensure a safe and enjoyable environment for all employees.”
The ‘reasonable steps’ employers need to take to prevent sexual harassment will vary based on the size of the organisation and available resources. However, conducting a risk assessment is the essential first step all employers must take to identify specific risks and determine preventive measures. Without this risk assessment in place, employers are unlikely to be able to prove that they have met their ‘preventative duty’ to the EHRC or a tribunal court. For companies hosting Christmas parties or social events with clients or customers, a risk assessment is particularly crucial to identify specific risks of third-party harassment and make sure proactive measures are in place.
To ensure a safe and enjoyable office Christmas party, employers should consider the following steps:
- Develop a Robust Anti-Harassment Policy : Clearly outline expected standards of behaviour and the consequences of violations, not only at work but also at work-related social events. Ensure these policies are easily accessible and updated with the latest legal changes.
- Engage with Staff : Understand potential issues and assess the effectiveness of current measures. Regularly seek feedback to improve strategies.
- Establish Reporting Channels : Set up anonymous and direct reporting options for harassment. Ensure all reports are handled confidentially and managers are trained in proper procedures.
- Provide Training : Educate employees on what constitutes harassment, expected behaviour standards, reporting procedures, and how managers should handle complaints.
- Reiterate a Zero-Tolerance Stance : Make it clear that sexual harassment is not tolerated at work or work-related events. Embed this stance into the company culture and regularly review policies for effectiveness.
- Address Potential Third-Party Harassment : Implement measures such as signage in areas where customers are present, informing suppliers of your zero-tolerance policy, and including recorded messages about the policy at the start of customer calls. Make sure any clients or customers that might attend work events are aware of your no-tolerance policy towards sexual harassment.