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‘TIS THE SEASON FOR ACCOUNTABILITY: CHRISTMAS PARTIES AND THE NEW RULES ON WORKPLACE SEXUAL HARASSMENT
- Helen Taylor
- 12 minutes ago
- 3 min read
Employers need to navigate employee protection and sexual harassment risks.
As now is the time of year when work Christmas parties are starting to get into full swing, it is important for employers to ensure that such events do not create a hub for inappropriate behaviour.
Whilst these events are a great way for employees to celebrate the successes of the year with their colleagues and be rewarded for their contributions to the business, such events can increase the risk of sexual harassment arising. Factors that play a part are:
Alcohol.
Blurred professional boundaries.
Overnight stays and travel.
What is currently required of employers?
Since October 2024, employers have been under a duty to take the initiative, be pre-emptive and take reasonable steps to prevent sexual harassment from occurring in the workplace.
So, in the case of a Christmas party, employers need to:
Carry out a risk assessment to understand the risks that could arise and implement steps to mitigate the risk:
Consider putting alcohol limits in place and providing transport home;
Ensure accommodation is safe and staff are aware that workplace behaviour standards still apply; and
Make sure any power imbalances are addressed, for example junior and senior staff mingling.
Ensure all employees ahead of the event know the standard of behaviour expected. Employees should also know how to report concerns.
Identify if there is any risk of third-party harassment from those outside of the organisation.
What is the risk?
Employers who fail to protect employees by taking all reasonable steps could be penalised by a 25% increase in compensation, in the event of a successful tribunal claim.
WHAT DOES THE NEW YEAR HOLD?
As of October 2026, new sexual harassment law will demand that employers are not only required to anticipate scenarios where harassment may arise, they must instead take all reasonable steps to prevent it.
So, forthcoming Christmas parties should provide a focus for ensuring the 2024 law is in operation and employers getting ready for 2026.
What employers should be doing going forwards
Apart from preparing for the Christmas party, employers need to be proactive by reviewing the steps they currently have in place and consider if there are any other reasonable ones which they have not yet taken.
The key points for employers to note are:
Harassment, bullying and whistleblowing policies and procedures will require amendments to align with the recent and new changes to sexual harassment law.
Regular training will be required to enforce better understanding and compliance of company policies and procedures.
A strong communication plan to remind employees of the standards of behaviour required and how to raise concerns will be essential.
The three significant points for employers to bear in mind are:
A more stringent preventative duty is on its way (“all reasonable steps”);
Sexual harassment will become a qualifying subject-matter of disclosure for whistleblowing protection; and
Employers will be vicariously liable for sexual harassment offences by employees.
With the right level of planning, an understanding of the new law and the implementation of measures to satisfy the “all reasonable steps” requirement, your Christmas parties do not need to become a legal minefield.
At FG Solicitors we can assess your current policies and procedures and assist with enforcement and compliance by implementing tailored, thorough measures to ensure your business is up to speed and your employees are protected.
Contact FG Solicitors today on 0808 172 93 22 or complete our quick contact form for a no obligation discussion.
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This update is for general guidance only and advice should be taken in relation to a particular set of circumstances.