
Preventing sexual harassment | Christmas parties
On 26 October 2024, The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force and introduced a new duty for employers to take reasonable steps to prevent sexual harassment of their employees in the course of their employment.
With the festive season and Christmas parties on the horizon, it is important for employers to have this duty in mind – particularly as it requires employers to take positive steps to avoid sexual harassment occurring.
Top tips for avoiding sexual harassment
We have summarised below our 5 top tips for dealing with the Christmas period in the context of sexual harassment.
1. Clear communication ahead of the event
Our first top tip is to clearly communicate expectations ahead of any event. It is easy for us all to get carried away at events held outside of normal working hours and perhaps off-site. However, employees should continue to act in accordance with their organisation’s values and policies. Those attending should be reminded that whilst they are there to have fun and enjoy themselves, the event is an extension of the workplace and they should be mindful of their colleagues. Ultimately, what may be appropriate in their private life may not be appropriate with their work colleagues.
It is worth noting that when it comes to employer’s liability anything done by an employee in the course of their employment is treated as having also been done by their employer. Employers can be liable for harassment in these circumstances even where the harassment was done without their knowledge. Whilst this is a debated topic, it is possible for social events to be caught within the term ‘in the course of employment’ even where they are hosted off-site and/or outside of normal working hours.
2. Conducting a risk assessment
One of the key elements of the new duty is for employers to carry out a risk assessment to assess the risk of sexual harassment. The Equality and Human Rights Commission (EHRC) guidance suggests that failure to conduct a risk assessment is an indication that an organisation is likely to be non-compliant with this duty.
The risk assessment should address the particular risk factors relevant and would likely refer to any previous complaints of sexual harassment during the organisation’s preceding Christmas periods. The EHRC has identified areas which may increase the risk of sexual harassment, and these include (amongst others) the presence of alcohol and attendance at events outside the usual working environment. Both relevant factors to consider in the context of a Christmas party.
If you’re a large organisation you may have several office locations coming together for one Christmas event. If so, your risk assessment should address any relevant risk factors relating to this – for example, people meeting each other for the first time.
As the new duty also protects your employees from sexual harassment committed by third parties, your risk assessment should not only address colleagues socialising together but also third parties that might be present at the event, such as venue staff. Employers should consider how they will protect their staff from these third parties. For example, contacting the venue in advance to notify them of the organisation’s zero-tolerance approach.
If you’re wondering how detailed your risk assessment should be, we would recommend that a starting point is producing something akin to your Health and Safety risk assessment.
3. Reminder of reporting channels
If you feel as though staff may not be aware of how to report an incident of sexual harassment or perhaps your organisation has had an influx of new staff, consider reminding employees on the reporting channels available to them. The ECHR advises that employers should provide multiple reporting channels for workers and the Fawcett Society recommendations advise that this should be at least two different people at different levels within the organisation.
Employers might want to think about rolling out refresher sexual harassment training prior to the Christmas period to act as a reminder of standards expected by staff and address the reporting channels available should an employee need it.
A clear reporting channel(s) will make it not only easier for individuals to come forward but will ultimately help your organisation avoid delays when it comes to investigating reports of sexual harassment.
4. Make sure your policies are up to date
Organisations should take the Christmas period as a chance to reflect on their policies and ensure that substantial anti-bullying and harassment, equality and diversity, whistleblowing, disciplinary and grievance procedures are in place and that they are up to date.
Whilst there is no specific requirement for an organisation to separate their sexual harassment policy from their generic anti-harassment policy, we would recommend that there is a clear distinction between the two.
The sexual harassment policy should address, amongst other things:
- who the policy intends to cover;
- clear definitions of sexual harassment;
- that sexual harassment is unlawful and will not be tolerated;
- that sexual harassment may lead to disciplinary action;
- examples of aggravating factors;
- reporting channels (as above); and
- sexual harassment and third parties.
It is important that the policy addresses situations beyond the organisations office location to include not only work-related social activities but also remote working.
Our Employment team would be happy to assist in reviewing your organisation’s policies and/or updating your current policies.
5. Consider additional measures/alternatives
Whilst it may be too late to change your organisation’s 2024 Christmas plans, there are small adjustments that you could take to help reduce the risk of sexual harassment. For example, consider whether limits should be placed on the amount of alcohol served per person, whether there will be designated attendees who have not been drinking alcohol, and ensuring attendees can get home safely after the event (such as monitored pre-organised taxi’s).
We would also encourage employers to look ahead to the 2025 social calendar and consider whether alternatives to the traditional Christmas party could work next year. For example, could you plan a team lunch or a daytime activity instead? Either way, we would recommend conducting a risk assessment to identify the relevant risks in compliance with the obligations under the preventative duty.
Our next in-house seminar at which this topic will be covered is on 5 December. To find out more details and to book your place click here.
If you have any questions about preventing sexual harassment, or any other employment matters, please do not hesitate to contact a member of the Employment team.
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