Christmas parties – an employment law headache?

This new duty is designed to create safer workplaces and puts a proactive duty on employers to ensure that their events are free from sexual harassment. This requires employers to recognise the risks and to introduce measures to address them before they occur.

It is important to recognise that this obligation applies to any work-related setting, including time spent offsite, in training, at external meeting and at work related events, such as Christmas parties.

Under the new duty, employers must take steps to prevent sexual harassment not only between workers but also from third parties such as clients or event staff.  Read more in our ‘Taking reasonable steps to prevent sexual harassment in the workplace‘ blog.

Here are some key considerations for how employers can manage their Christmas parties:

Before the parties

• Effective planning and undertaking a risk assessment are essential to ensuring a safe and enjoyable event. By identifying potential risks in advance, employers can take steps to mitigate them.
• Send a friendly reminder to all staff about company policies on acceptable conduct and sexual harassment. Emphasise that these standards apply at all work-related events, including social gatherings, to set clear expectations and make it clear that breaches of these standards may result in disciplinary action.
• Equip managers with the skills to identify and address inappropriate behaviour discreetly and effectively, particularly in social settings.

During the parties

• Have certain members of the management team refrain from drinking so that they can retain clear judgement over any issues that might take place.
• Monitor interactions, especially where alcohol is involved. Intervene early to reduce tensions.
• Consider limiting the number of free drinks available.

After the parties

• The responsibility doesn’t end when the party is over. Provide staff with reminders about how to report concerns confidentially and without fear of retaliation.
• Consider conducting an anonymous survey to gauge whether staff felt safe and respected during the parties.
• Address any complaints seriously and in line with company policy.

While the new legislation adds some pressure, it doesn’t need to ruin the festive spirit. By planning ahead, and incorporating these measures, employers can help create a safe, positive experience for all.

If you need any advice or support in drafting a sexual harassment policy or assistance with any other aspect of this new duty, please do not hesitate to contact our Employment Law team.