As the festive season approaches, work Christmas parties offer a chance to unwind and celebrate with colleagues – but sometimes things go wrong.
Inappropriate behaviour and sexual harassment clearly have no place in the office, including at Christmas parties, but it does happen, particularly in environments that are informal and where alcohol may be served.
It is important that you understand your rights under the law relating to sexual harassment at work Christmas parties to help you stay safe and take action if you experience inappropriate behaviour from a colleague or witness inappropriate behaviour.
What classes as sexual harassment?
The Equality Act 2010 outlines sexual harassment as “unwanted conduct of a sexual nature” that “violates dignity” or “creates an intimidating, hostile, degrading, humiliating or offensive environment”.
This can include comments or invasive questions as well as physical touch or assault.
Behaviour does not have to cause you physical harm or danger to be considered harassment.
Remember that, while an informal atmosphere or alcohol can lead to lowered inhibitions, they are not excuses for sexual harassment.
The Act prohibits sexual harassment in the workplace by anyone, whether they are more junior or senior than yourself, or they are a peer.
Are Christmas parties an extension of the workplace?
Christmas parties organised by an employer are classed as an extension of the workplace, meaning workplace policies and laws against harassment still apply.
For employees and employers, this means creating a safe environment and behaving professionally and appropriately.
Additionally, the Act mandates that employers take ‘reasonable steps’ to avoid sexual harassment in the workplace and support those who report it.
Taking action
Your employer has a legal obligation to address sexual harassment when it is reported to them, if it has happened at a work event.
As a first step, you should report it to the relevant person, whether that be your supervisor, a trusted senior staff member or a dedicated HR representative.
Your employer has a responsibility to investigate your complaint and take appropriate action to ensure your safety and the subsequent safety of future events for all.
If your concerns are not addressed, you may have the option to pursue a claim in an Employment Tribunal.
You cannot be dismissed for reporting sexual harassment and it may considered unfair dismissal if you are. As it relates to rights outlined in the Equality Act, this may be considered automatically unfair dismissal, so you may not have to demonstrate two years’ service before making a claim.
Make sure that you keep a record of any incidents if you can, as this will help you to demonstrate harassment.
If you have experienced sexual harassment at work and feel you have not been listened to appropriately, please contact our team.