As the festive season approaches, many UK companies are preparing to celebrate their Christmas party.
However, whilst these events are a time to reward staff, they are still considered an extension of the workplace and this can bring ethical and legal responsibilities.
As an employer, it is important to allow all your staff to feel safe and protected, not just in the workplace, but at any work-related event.
Our Employment Law expert, Lisa Judd, explores how you can protect your rights as an employer and your team.
What are the legalities of harassment in the workplace?
The new sexual harassment law in the UK, the Worker Protection (Amendment of Equality Act 2010) Act 2023, places a legal duty on employers to take reasonable steps to prevent sexual harassment.
Sexual Harassment can take different types of forms, ranging from unwanted advances or inappropriate comments through to serious criminal conduct like sexual assault.
It is unwanted conduct of a sexual nature which has the purpose or effect of creating an intimidating, hostile, degrading or offensive environment.
A Christmas party may result in employees engaging in behaviour that would not occur in the workplace.
It is an employer’s ongoing responsibility to be proactive in anticipating, assessing and addressing risks and implementing reasonable safeguards to prevent Sexual Harassment.
With no comparable duty on employers to prevent harassment related to other protected characteristics, all reasonable steps may have to be taken to prevent this.
Our Employment Law expert, Lisa Judd, explores these points of complexity and breaks down what you need to know about flexible working rights.
How can I protect my staff from harassment?
As an employer, you can implement clear equality and anti-harassment policies beforehand that clarify what behaviour is unacceptable.
The policies should also highlight a zero-tolerance approach to sexual harassment and other discrimination, explain how such conduct can be reported and how victims will be supported.
Refresher training sessions on equality, diversity and conduct can remind staff and managers of the importance of maintaining professionalism outside the workplace and especially at work-related events.
Employers can assess how sexual harassment might be affecting their workers through one-on-one meetings, regular staff surveys, exit interviews and having open-door policies.
A Christmas party is an example of an event where employers should undertake risk assessments to ascertain the extent of a problem and take steps to mitigate any risks identified.
Reporting of sexual harassment and not just by the victim, should be encouraged and employers need to ensure their workers have different mechanisms to do so.
Where a sexual harassment complaint is made, employers need to have effective grievance and disciplinary procedures in place.
These procedures must ensure the complaint is investigated promptly, that perpetrators are sanctioned, maintain appropriate confidentiality and provide support for complainants.
Employers must regularly monitor and re-evaluate any steps they have taken to reduce risks and implement these changes moving forward.
How should I handle any complaints?
When deciding whether taking a particular step might be reasonable regard, employers should consider:
- The size and resources of the employer
- The nature of the work environment
- The sector
- Any risks in the workplace
- The nature of any contact with third parties
- If an alternate step might be more effective and weigh up time, cost, potential disruption against what the step might achieve
- Compliance with any relevant Regulatory standards
Employers should also consider the risk factors when complaints arise, such as:
- Power imbalances
- Job insecurity (especially amongst new, agency and zero-hour workers)
- Lone, isolated or night working with a third party
- Out of hours work
- Home/remote working
- Business travel requiring staying away from home
- Alcohol presence
- Socialising outside work
- Social media contact between workers
- Workforce demographic
- Workplace culture that permits crude, sexist or disrespectful behaviour
- Inadequate policies/procedures or training
If you have clear policies and procedures in place, an appropriate workplace culture and updated training protocols already in place for sexual harassment, your Christmas party should be protected.
With these measures in place, your party could be as simple as considering the venue choice, travel home, alcohol limits and avoiding late-night events.
Christmas is a time full of festive cheer and tipples, but alternative party suggestions like group activities and sit-down meals can still boost team morale and reduce the risks.
When it comes to the party itself, don’t wait for situations to develop and step in if you see inappropriate behaviour or need to break up physical altercations, if safe to do so
Employers can be held vicariously liable for misconduct committed by their employees in the course of employment, so prompt action can protect you and your team.
Should I be apprehensive about holding a Christmas party?
A Christmas party should be the highlight of the year and not a legal headache.
By staying informed about the Worker Protection Act and setting clear boundaries, you can make sure that the party is safe.
Seeking advice from our solicitors before planning your Christmas party and determining the risk factors can help protect yourself and your team.
A little preparation now can help everyone enjoy the festivities responsibly and legally.
If you need advice on your rights as an employer and how to protect your employees, reach out to our Employment Law team for guidance.