Christmas Work Parties and Sexual Harassment – High Spirits, Higher Stakes?

The Christmas Party season is getting under full swing. Letting down your hair at your work’s night out (often including plenty of alcohol and examples of dodgy dance moves) is one of the highlights of the year. And why shouldn’t we enjoy letting our employers reward us for our efforts to date with a Christmas party to remember!

But how aware are we that our employers must keep us safe, and, in turn, that we must also heed our own interactions with one another as colleagues at such events?

Well, The Worker Protection (Amendment of Equality Act 2010) Act 2023, effective from 26 October 2024, stipulates it is every employer’s legal duty to take reasonable steps to prevent sexual harassment in the workplace, which includes work-related events like Christmas parties.

You may not be aware, but there are around forty tribunal cases each year relating to incidents at work Christmas parties alone!

Employees alone cannot bring an individual claim for a breach of this duty, but nonetheless, a breach may have serious implications. If an employee successfully claims sexual harassment, tribunals will judge whether the employer has risk assessed to prevent such. Failure to comply could result in a 25% uplift in compensation, and the Equality and Human Rights Commission (EHRC) can also enforce compliance.

So, what are the practical steps employers should take?

Risk Assessment & Planning

Risk-assess thoroughly, including noting any patterns of behaviours between staff and areas of concern, e.g., encourage your people managers to contribute their knowledge of their teams if possible.

Staff Expectations

Cascade gentle reminders of the responsibilities of you as the employer, but also the Code of Conduct outlining responsibilities for employees, of expected behaviours; tell everyone how to report incidents, anonymously or otherwise. From putting an inappropriate gift in the Secret Santa to Kissing Under the Mistletoe to dancing too close to a colleague, staff must be aware of the risks to themselves and others.

Alcohol (& Drugs)

Research the venue and avoid offering unlimited alcohol (but ensure non-alcoholic drinks are available for inclusivity) and remind staff of a zero-tolerance approach to drugs.

Training

Provide training for people managers on the employer’s duty and dealing with potential sexual harassment complaints from staff to help create a supportive culture.

De-brief

Carry out a post-event debrief to help with planning ahead. If any incidents were reported, then immediately take steps to investigate fairly and support the staff involved.

It is a fact that 75% of victims of sexual harassment do not report it, and combined with after-hours socialising, alcohol, and blurred professional-personal boundaries at stake, the risk invariably rises.

Stay safe, let’s all enjoy ourselves (after all, the Christmas work party is only but once a year!), but remember that with High Spirits, there are often Higher Stakes.