Sexual harassment at work events: what employers must do

As the festive season approaches and party season begins in earnest, it’s important to recognise that off-site events, such as the company Christmas party, remains very much within the scope of workplace conduct and liability.

With the introduction of the preventative duty under the Worker Protection (Amendment of Equality Act 2010) Act 2023, effective 26 October 2024 and existing obligations under the Equality Act 2010, employers must take proactive steps to prevent sexual harassment – including at social events

The legal backdrop

Under the Equality Act 2010, sexual harassment is defined as unwanted conduct of a sexual nature which has the purpose or effect of “violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment”.

The new Act introduces a positive duty on employers to take reasonable steps to prevent sexual harassment of workers in the course of their employment.

If a tribunal finds that harassment has occurred and the employer failed to take reasonable steps, compensation awarded to the employee may be uplifted by 25%.

The effect of this for employers is that it is not sufficient to wait for a complaint and then react.

Instead, you must anticipate where harassment may arise (including during social events) and implement sensible preventative measures.

Why Christmas parties are high-risk

A Christmas party may be off-site and out of hours, but legally it can still count as a work event.

Employees are present in the context of employment, potentially mixing with managers and colleagues often with alcohol and more “relaxed” or less guarded behaviour.

In this setting:

• Boundaries may blur (e.g. physical contact, jokes, games, language).
• Alcohol may reduce inhibitions, increasing risk of unwanted conduct.
• Differences of power (senior staff, peers) may create vulnerabilities.

Practical steps

Whilst it may not be possible to completely eradicate the possibility of harassment occurring at a work event, there are practical steps that an employer can take, both to protect its employees and limit the risk of being found to have failed to take reasonable steps to prevent sexual harassment.

• Review and reinforce your anti-harassment policy
  • Ensure your policy specifically covers sexual harassment (unwanted sexual conduct) and outlines an employer’s duty to prevent it.
  • Include clear examples relatable to social events (e.g. inappropriate touching, lewd comments and unwanted advances).
  • Make sure the policy references events/after-hours/social gatherings and makes clear that the same standards apply.
  • Publicise the policy to staff ahead of the event, remind them of expectations of conduct and of the consequences of failing to meet those expectations (including the possibility of disciplinary action).
• Risk assess the event
• • • Consider the following: what is the location of the event? What are the transport arrangements?
    • Consider whether the event may increase the risk of harassment e.g. What is the mix of guests? What are the alcohol provisions? Will there be large quantities of alcohol? Will people be sharing lifts/taxis if the location is off-site?
    • Plan mitigations: e.g. limiting drinks tokens/alcohol on tables, having senior staff visibly present, making arrangements for safe transport home.
    • Assign designated “event stewards” or managers to monitor behaviour and intervene if needed.

• Pre-event communication
  • Consider if an event “code of conduct” is appropriate. Reiterate that unacceptable behaviour will not be tolerated and that alcohol is not a defence to harassment.
  • Consider identifying an individual with whom employees can raise concerns about particular individuals/behaviours or seek out for help/support if required.

• At event management
  • Ensure senior leaders’ model appropriate behaviour (no favouritism, no inappropriate touching or comments, responsible alcohol intake).
  • Monitor the event environment, is someone being isolated by a colleague or made to feel uncomfortable? Are any individuals excessively inebriated and acting inappropriately.
  • Provide safe “escape routes” for anyone feeling uncomfortable e.g. the contact number for a designated individual to raise concerns with or who can accompany them off-site.
  • Consider alcohol management e.g. drink limits (particularly in respect of alcohol funded by the employer), ensuring availability of non-alcoholic drink options, ensuring staff know of transport options and arrangements.
• Post-event considerations
  • Consider asking for feedback on the event – did people feel safe? Did any behaviour cause concern?
  • Ensure staff are aware of how they can raise concerns regarding an individual’s conduct towards them. Ensure any complaints are dealt with effectively and confidentially.
  • Review any incidents or near misses – how was it handled at the time? What lessons can be learned for future events?
• Training and culture
  • Ensure all staff (including senior leaders) receive regular training on sexual harassment: what it is, how to recognise it, how to intervene as a bystander.
  • Encourage a culture of respect and accountability, make it clear that social events are still part of the “workplace” in terms of expectations.
  • Build in bystander-intervention training to empower staff to step in (or seek help) if they observe questionable behaviour at events.

Key take aways

A proactive approach isn’t optional anymore. Employers are expected to foresee the situations where boundaries can slip and to put clear, practical safeguards in place long before the festive season begins.

Alcohol, informality and the relaxed atmosphere of end-of-year celebrations don’t dilute legal responsibilities and they won’t protect an organisation if things go wrong.

Strong documentation, consistent communication and visible leadership all play a crucial role in showing that “reasonable steps” have genuinely been taken. Policies only work when the culture behind them is healthy and when senior staff model the behaviour they expect from everyone else.

How can Morr & Co help?

If you have any questions or would like any further information on the contents of this article, please do not hesitate to contact our Employment team on 0333 038 9100  or email info@morrlaw.com and a member of our expert team will get back to you.

Disclaimer
Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.