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How employers should avoid the naughty list
As Christmas approaches, it often brings a sense of fun and festive cheer to a workplace. Annual Christmas parties are often a time for staff to let their hair down, relax and celebrate the success of the year. Whilst these events are usually welcomingly received by staff, alcohol can sometimes reduce inhibitions resulting in inappropriate behaviour being shown. This can easily evolve into a serious complaint by an aggrieved employee on the receiving end of such behaviour.
Christmas parties are often hosted away from the workplace, resulting in an increased risk of third-party harassment. This may be from venue staff or other guests which are present at the event.
As of 26th October 2024, The Worker Protection (Amendment of Equality Act 2010) Act 2023 placed a statutory duty on employers to take all reasonable steps to prevent their staff from being sexually harassed by another worker or a third party. Previously, employers only had a duty to respond to allegations of sexual harassment at work which had already been committed. This new law extends not only to colleagues but also to the behaviour of third parties, for which the employer could also be liable.
It is important for employers to remember that they can be held vicariously liable for their staff members’ behaviour whilst at a work Christmas party. This was determined in the decision of Bellman v Northampton Recruitment.
Employers can protect themselves from this liability if they show they took “all reasonable steps to prevent the behaviour”. The scope of how far reaching the term “reasonable steps” will always vary from one employer to the next. There is no one size fits all approach. Employers are now expected to analyse and anticipate the risks and to take action to prevent it from happening. There are harsh penalties for non-compliance.
Given the fact that a Christmas party can present as a high-risk environment for employers, we have put together some helpful key steps which include:
- Communication with staff – employers should remind staff that Christmas parties are an extension of the workplace, therefore the normal standards of behaviour and consequence for non-compliance apply. Employers should reinforce the boundaries which are typically blurred between ‘work’ and ‘social’, by way of example by encouraging responsible drinking and conduct.
- Training of managers and staff – training on sexual harassment can increase the understanding of what may constitute sexual harassment and the likely consequences of any such behaviour.
- Risk assess the event venue – assess how the setting may influence behaviour. Think about how you might reduce these risks, such as making staff aware of who they should report any incidents to at the party. Employers can also consider taking proactive steps by appointing a member of management to remain sober in order to lead by example and supervise the event.
- Consider providing non-alcoholic options or limit the amount of alcohol consumed by either having set drinks or a ticketed system rather than an open bar.
- Ensure that third parties who will be present at the event are also aware of and adhere to your anti-harassment policies at work
- Discuss with employees how they are getting home after the Christmas party to limit any risks and to ensure they get home safely
- Designate a quiet area where employees can go to at the Christmas party venue if they feel uncomfortable or need to report an issue
If any incidents are reported, employers should act swiftly in addressing the issue.
- Reiterate the reporting channels available to employees who experience or witness sexual harassment. Ensure that any reports, however minor or major, are taken seriously and handled promptly.
- Take formal action in a timely manner where appropriate and follow up with employees who may need support.
- Gather feedback from employees to understand their own experience of the venue and the event and make any necessary adjustments which are deemed necessary ahead of next year’s party.
The duty under the new Act is already in force so please contact our employment team at Pickerings if you have any questions or need any support ahead of your festive gatherings.
Written by Katie Stretton and Joanna Robson
Employment law team, Pickerings
