How Does the New Employer Duty to Prevent Sexual Harassment Apply to Christmas Parties?
Employers now have a new positive legal duty to take reasonable steps to prevent employee sexual harassment in their workplaces. With this duty being so new, many employers are likely to have questions about exactly what they need to do to meet their legal obligations.
Given the time of year, one area that is particularly worth considering is how this duty might apply to Christmas parties and other work social events, as these are high risk for problematic employee behaviour.
In this article, we cover what the employers’ duty to prevent sexual harassment is, how this applies to Christmas parties and other work social events, what an employer’s liability is for employee sexual harassment at these types of events and what employers need to do to meet their legal obligations.
Need help with employment law? Please contact Miranda Mulligan or Richard Gvero who will be happy to advise.
Key points for employers to know
- Employers now have a positive duty to take reasonable steps to prevent sexual harassment of employees in the workplace
- Employers still have legal obligations to their employees when at office parties and other work events outside of the office and/or outside of normal working hours
- Employers can be held liable for any sexual harassment or other employee misdeeds at these types of work events
- Employees can still face disciplinary action for any breaches of the terms of their employment (including behaviour policies) that take place at work social events
- Employers should ensure that work social events are explicitly covered in their anti-harassment policies and may want to consider a specific policy for these types of events
- The Employment Law team at Longmores can assist with creating legally compliant sexual harassment policies, including in relation to work social events
What is the employers’ duty to prevent sexual harassment?
Employers now have a positive legal duty to take reasonable steps to protect their employees from sexual harassment. This duty came into force on 26 October 2024 as a result of the Worker Protection (Amendment to Equality Act 2010) Act 2023.
This duty covers sexual harassment of employees from fellow employees and from third parties, such as customers or clients. Employers must take active steps to prevent sexual harassment from occurring or to prevent it from reoccurring after an incident has already taken place.
Exactly what will be considered ‘reasonable steps’ will depend on factors including the size of the employer, their resources, the level of risk and the types of people the employees will be expected to interact with. It is strongly recommended that employers seek expert legal advice on these matters to make sure they are meeting their obligations. Going forward, it is proposed under the Employment Rights Bill that this duty is expanded to require an employer to take “all” reasonable steps to prevent sexual harassment.
How does this duty apply to Christmas parties and other work social events?
Employers’ legal responsibilities to their employees extend to work social events such as Christmas parties. This means that the duty to prevent sexual harassment also applies to such events. Employers must, therefore, ensure that the reasonable steps they take to prevent sexual harassment make provision for work social events.
What is an employer’s liability for employee sexual harassment at a Christmas party?
Employers can be held legally liable for sexual harassment of their employees at Christmas parties and other work social events. This means that, if an employee experiences sexual harassment at a work social event, they can potentially make an employment claim against their employer.
If an employee brings a claim for workplace sexual harassment and it is found that the employer breached their duty to prevent sexual harassment, then an employment tribunal can increase any compensation awarded by up to 25%.
What employers need to do to meet their legal duty to prevent sexual harassment
The Equality and Human Rights Commission has set out an 8-step guide to preventing sexual harassment at work. These steps include:
- Creating an appropriate anti-harassment policy (which should make clear that the policy also applies to work social events)
- Engaging with staff in ways such as making sure they are aware of your anti-harassment policy and how they can report sexual harassment
- Carrying out a risk assessment (it may be advisable to carry out a separate risk assessment for work social events)
- Providing suitable training on what sexual harassment at work looks like, what to do if it occurs and how to handle complaints
For work social events, it may also be a good idea to take specific measures, such as having certain members of the management team refrain from drinking so that they can retain clear judgement over any issues that might take place. Other steps could include limiting the number of free drinks available to employees and making it clear that anyone who is considered to have drunk too much will be sent home.
It is also worth noting that employees can be disciplined for any breaches of the terms of their employment while at work social events. This would include any breaches of the company’s anti-harassment policy. Making sure that employees are aware of this in advance could help to limit the risk of any inappropriate behaviour.
How Longmores can help employers with employment law
At Longmores, we regularly advise a wide range of employers on all aspects of Employment Law, including in relation to employee behaviour policies and sexual harassment. We can ensure you have the right policies in place and work with you to proactively resolve any issues that may arise.
For expert support with all aspects of employment law, please contact Miranda Mulligan or Richard Gvero who will be happy to advise.
Please note, the contents of this blog are given for information only and must not be relied upon. Legal advice should always be sought in relation to specific circumstances.
