The Christmas party season is here and whilst it’s beginning to look a lot like Christmas, enhanced employment legislation introduced in October 2024 means that businesses need to consider their approach to protect themselves from potential sexual or sex-based harassment claims.

The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into effect on 26th October 2024 and introduces a legal duty for employers to proactively take reasonable steps to prevent sexual harassment. Sexual harassment refers to unwanted conduct of a sexual nature that has the purpose or effect of violating a persons’ dignity, or creating an intimidating, hostile, degrading or offensive environment. This can be anything from innuendos and jokes to more extreme acts such as touching or making sexual advances; even if the action isn’t intended to cause offence, if the receiver is made to feel uncomfortable then this can amount to sexual harassment. Sex-based harassment refers to harassment related to sex or gender reassignment; this can be making inappropriate assumptions about a person based on their sex or subjecting a person to degrading requests due to their sex. It is worth remembering also that if the person subjected to sexual or sex-based harassment is treated badly or less favourably because of their reaction to that harassment, the Act says that this is also harassment.

This time of year tends to bring increased reports of sexual harassment within organisations. Even if a work party is held off-site and out of work hours, if it is organised by the business then all employees are still expected to conduct themselves in a professional manner, as they would normally when at work. Any reports of wrongdoing at an organised work event, can lead to the employer being subjected to claims of vicarious liability for unlawful harassment.

It’s the employer’s responsibility to ensure that staff safety and the well-being of their employees is priority. Christmas parties can massively boost staff morale and loyalty therefore, instead of cancelling plans to avoid issues, we suggest following the below tips to get through the season in the festive spirit unscathed:

• Make clear expectations on what behaviour is acceptable – staff won’t be disciplined for having a tipple but any fighting, abuse or bringing the Company into disrepute will be taken seriously.
• Make sure you have clear anti-harassment policies – explaining that inappropriate behaviour and comments won’t be tolerated.
• Don’t discipline employees at the event – send them home if required and investigate when back in the office.
• Follow your disciplinary process if allegations are made, ensuring that any complaint is investigated thoroughly before taking relevant action.
• Think about entertainment provided – some people could find certain acts offensive.
• Limit the amount of alcohol provided and prohibit younger members of staff under the age of 18 drinking illegally.

It’s important to be well prepared, particularly as the festive season approaches therefore, if you require assistance with your communication strategy, your anti-harassment policy or with how to implement a safe, inclusive workplace environment, feel free to contact our qualified HR Consultants at Kingswood Group on 01245 204450 for a no obligation conversation.

We wish you a Merry Christmas and a Happy New Year!

Article Author - Grace Jermy, HR Coordinator Kingswood Group.