Adam Grant
- Partner
- Employment
The festive season is a time for celebration, offering a chance for employers to reward their staff and for colleagues to connect in a more informal and relaxed setting. Office Christmas parties often serve as a well-earned opportunity to unwind and reflect on the year’s hard work. However, amidst the joy and camaraderie, this season also brings potential pitfalls for employers. Without proper planning and clear guidelines, festive cheer can sometimes spiral into inappropriate behaviour, leading to serious repercussions for businesses.
Now, you may have become accustomed to law firms circulating this kind of article around December each year, giving the usual warnings around inappropriate conduct at Christmas parties and the associated risks for businesses. But, this year, the stakes are even higher. With the introduction, just a few weeks ago, of the new mandatory duty to take reasonable steps to prevent sexual harassment of staff, employers face increased responsibility to ensure their workplace events are safe and inclusive environments for all. While businesses have long been required to provide a safe and respectful environment, this new duty demands a proactive approach to safeguarding employees.
While no one wants to dampen the holiday spirit, the reality is that misconduct during company parties is not uncommon, and employment lawyers often see a spike in cases as December unfolds. However, by being prepared, businesses can ensure the festive season remains enjoyable for everyone while upholding their commitment to protecting staff and eradicating harassment.
What is Sexual Harassment and the New Duty?
Sexual harassment is defined as any unwanted conduct of a sexual nature that violates an individual’s dignity or creates an intimidating, hostile, or offensive environment. This can encompass a range of behaviours, from inappropriate jokes or innuendos to unwanted physical advances. Conduct can constitute sexual harassment where it is intended by the perpetrator, but also where it is considered sexual harassment by the victim, even if it wasn’t the perpetrator’s intention.
The new duty emphasises the importance of anticipating and mitigating risks before incidents occur. Employers are expected to identify potential scenarios where sexual harassment could arise – not just within the traditional workplace but also at social events, such as Christmas parties, team outings, or work-related drinks. The concept of what constitutes a workplace is expansive, covering any setting linked to employment. Failure to meet this standard can lead to significant consequences, including increased compensation awards in Employment Tribunals (by up to 25%) and enforcement actions by the Equality and Human Rights Commission (EHRC).
So What Should Employers Do?
To effectively comply with the new duty, employers must adopt a comprehensive and proactive approach. This involves assessing potential risks, implementing robust policies, training staff, and fostering a workplace culture that encourages safe and respectful interactions. Here are some steps that can be taken as the Christmas party season approaches:
1. Conduct Risk Assessments
Employers should start by identifying and recording potential risk factors for sexual harassment, particularly during high-risk periods like festive celebrations, and take steps to mitigate them.
- Evaluate Past Incidents: Consider previous complaints, grievances, or feedback gathered from staff through surveys or exit interviews.
- Plan for Festive Events: Look critically at workplace gatherings, such as Christmas parties. Activities like late-night events, interactions with third parties, or unlimited alcohol can heighten risks.
- Mitigate Risks: Consider ways to effectively manage and mitigate the risk areas identified. Employers might opt for alternatives to traditional parties, such as daytime activities, team lunches, or events with controlled alcohol policies. Holding events in easily accessible locations with safe transport options can also reduce risks.
2. Update and Circulate Workplace Policies
Clear, accessible, and comprehensive policies are the cornerstone of compliance.
- Ensure policies are up to date and incorporate the new preventative duty.
- Extend these policies to include work-related events, remote work, and third-party interactions with clients or customers.
- Recirculate these policies before the festive season, reminding staff of behavioural expectations at social events.
3. Deliver Targeted Training
Training staff at all levels is essential to embed awareness and accountability across the organisation. If training has not been carried out for some time prior to the festive season it may be a good idea to roll out refresher courses. Examples of such training could be:
- Specialised Training for Managers: Train managers to handle complaints effectively, ensure they are taken seriously, and support employees who come forward.
- Bystander Training for all: Teach employees how to recognise and intervene safely when they witness harassment.
4. Reporting Mechanisms
Encouraging employees to report harassment requires making the process straightforward and supportive.
- Offer multiple reporting channels, such as a dedicated phone line, online forms, or independent third-party services.
- Provide anonymous reporting options to reduce fear of retaliation.
- Maintain central, confidential records of all complaints—both formal and informal—to identify trends and improve preventative measures.
5. Respond Swiftly to Complaints
When incidents occur, employers must act decisively to resolve them.
- Address complaints promptly while respecting the confidentiality of all parties involved.
- Discuss potential protections for complainants or witnesses and explore whether police involvement is necessary.
- Communicate outcomes and appeals processes clearly and in a timely manner.
By taking these steps, employers can not only reduce the likelihood of sexual harassment but also create a safer, more respectful workplace environment.
Looking Ahead
Employers should be aware that the new preventative duty is just the beginning of a broader wave of reform in this area. While the new duty was introduced under the Conservative government, the Labour Government has signalled its intent to go further. Proposed changes under the recently published Employment Rights Bill include strengthening the preventative duty, requiring employers to take “all reasonable steps”—a higher standard than the current “reasonable steps”—to prevent sexual harassment in the workplace.
Additionally, the government plans to expand whistleblowing protections to explicitly include sexual harassment, allowing employees to safely disclose such incidents as a “relevant failure” under the law.
We are also expecting to see the introduction of new protection from third party harassment, where employees will be able to claim against their employer if they are harassed by any third party and the employer has not taken all reasonable steps to prevent that harassment.
These proposed reforms underscore that sexual harassment prevention is a growing priority for legislators, and employers cannot afford to dismiss it as a passing concern. Instead, businesses must be prepared to adapt to these evolving obligations and ensure their workplaces are safe, inclusive, and compliant.
The festive season should be a time of celebration but it also serves as a timely reminder of employers’ responsibilities to maintain a safe and respectful workplace. As the legal landscape continues to evolve, particularly with further reforms on the horizon, employers must stay ahead of these changes. By adopting robust policies, conducting regular training, simplifying reporting mechanisms, and fostering a culture of accountability, businesses can not only comply with their legal obligations but also create an environment where all employees feel valued and safe.
This commitment isn’t just about risk mitigation—it’s about building a workplace where respect and professionalism thrive, ensuring that the holiday season remains a source of joy and unity for everyone involved.
Meet the team:
George Cornell
- Solicitor
- Employment
