The work Christmas party is a fantastic opportunity for companies to express gratitude to staff and boost morale. However, employers must now navigate the new legal landscape when planning events to ensure compliance and maintain a safe environment for everyone - especially if alcohol is flowing and when inhibitions might be lowered.
Proactively planning for higher-risk situations during the festive season is essential -here are key preventative measures you may wish to consider:
Ensure you understand the New Legal Duty
The Worker Protection Act 2023, effective from late October, introduced a significant shift in employer responsibilities by establishing a legal obligation to prevent sexual harassment proactively - the key word there being proactively.
While employees cannot directly sue for a breach of this preventative duty, the Equality and Human Rights Commission (EHRC) has broad enforcement powers and employment tribunals can increase compensation in sexual harassment claims by up to 25% if employers fail to comply with this duty.
The EHRC has issued technical guidance on this complex issue, which organisations should carefully review as part of their event planning process.
Ongoing risk assessment
Conducting a risk assessment is a vital step in fulfilling the new duty. The obligation to protect workers “in the course of employment” includes social events like staff parties. If risks associated with these events haven’t yet been addressed, now is the time.
Identify potential hazardous situations such as excessive alcohol consumption and look at what pre-emptive action can be taken to mitigate them. Could you limit alcohol availability or adjust the event’s format to place less emphasis on drinking perhaps?
Don't forget about third party interactions such as clients, contractors, or suppliers—where risks of harassment could arise. Whilst it may not be as easy to influence the behaviour of third party guests, you still have a duty to do everything within your power to protect your staff. Perhaps you could designate managers to monitor the event and intervene early if issues occur, preventing situations from escalating?
Keep in mind that this preventative duty is ongoing. In addition to documenting your risk assessments thoroughly, you should also be reviewing them regularly and updating where necessary to ensure continued compliance.
Review all your policies
Employers must send a strong, clear message that harassment in any form is unacceptable and that allegations will be handled appropriately, regardless of the seniority of those involved.
Ensure your HR policies—such as equal opportunities, anti-harassment, and bullying policies—are up to date, clearly outline expectations and are communicated effectively to staff. Regularly review and update these policies, as they lose their impact if left unimplemented.
Invest in training
Training is essential when creating a harassment-free workplace. All staff should receive training to understand what constitutes sexual harassment and how to report inappropriate behavior. Staff should also know that their concerns will be addressed appropriately and sensitively - without fear or favour.
Managers, in particular, require additional training to identify signs of harassment, conduct investigations, support those involved, and take disciplinary action where necessary. This should be part of an ongoing process in order to ensure your efforts are effective.
By addressing these areas proactively, employers can ensure holiday celebrations remain enjoyable while fostering a safe and respectful environment for all. Taking these steps not only aligns with legal obligations but also strengthens workplace morale and trust.
Enforcing a Positive Duty to Prevent Sexual Harassment in the Workplace Conference
If you would like more information about understanding and implementing your new legal duty, take a look at our upcoming conference: Enforcing a Positive Duty to Prevent Sexual Harassment in the Workplace
Taking place on Wednesday 29th January 2025, this conference will enable you to:
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Understand the current scale and forms of sexual harassment in the workplace
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Learn about the implications of the Worker Protection Act and the concept of positive duty for organisations
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Identify key elements that should be included in workplace anti-sexual harassment policies
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Recognise the importance of regularly updating and effectively enforcing these policies
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Explain the concept of a 'speak up culture' and its significance in preventing workplace harassment
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Explore practical strategies for fostering and documenting a culture that encourages speaking up
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Discover how to use training to fulfil the positive duty to prevent harassment
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Assess the benefits of ongoing, situational, and bystander support training in the workplace
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Develop strategies for creating clear reporting avenues and conducting robust investigations
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Evaluate the impact of thorough investigation processes on company culture and the handling of historical allegations
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Understand the need for ongoing support for individuals affected by harassment
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Learn about different types of support and how to effectively signpost staff to these resources
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Analyse how gender inequality contributes to workplace sexual harassment
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Identify proactive steps to address and reduce gender inequalities.
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Recognize the importance of risk assessments in high-risk environments.
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Reflect on the key takeaways from the conference and the collective responsibility to combat workplace sexual harassment
Click here to view the agenda, find out who is speaking or to book a place.
