Office Christmas parties are set to undergo significant changes this year due to a new law that will come into effect in Wales. As of October 26, employers will be required to take “reasonable steps” to protect their workforce from sexual harassment under the Worker Protection (Amendment of Equality Act 2010) Act 2023. Lucy Cobb, an Employment Law Specialist and Advice Operations Manager at BrightHR, highlighted the importance of this new legislation, especially concerning the potential for inappropriate behaviour and misconduct at festive celebrations. A recent survey revealed that 1 in 10 employees are planning to skip their Christmas party to avoid unwanted sexual advances.
The traditional office Christmas party, a long-standing UK custom since the 19th century, has transformed into a key event on the corporate social calendar. While it offers a chance for employees to relax and enjoy the festive spirit, it also presents challenges for employers regarding maintaining professional conduct in a party atmosphere where alcohol consumption can lead to lowered inhibitions. Informal settings can blur the lines of appropriate behaviour, potentially creating uncomfortable situations.
With the new amendments to the Equality Act 2010, employers now have a proactive duty to prevent sexual harassment not only within the workplace but also at work-related gatherings, including Christmas parties and after-work social events. Failing to take “reasonable steps” to prevent incidents could result in significant liabilities for businesses, even if the perpetrator is not an employee. The Equality and Human Rights Commission (EHRC) will have authority to enforce these regulations and take action against non-compliant employers.
To ensure a safe and enjoyable office Christmas party, employers are advised to conduct a risk assessment to identify specific risks and implement preventive measures. This assessment is crucial for demonstrating compliance with the new legal requirements. Employers must tailor their preventative measures based on the size of their organisation and available resources. Implementing a robust anti-harassment policy, encouraging open communication with staff, establishing clear reporting channels, providing training on harassment awareness, and reiterating a zero-tolerance stance are key steps recommended for employers to create a safe environment.
For companies hosting Christmas parties with external guests such as clients or customers, conducting a comprehensive risk assessment to address potential third-party harassment is essential. Employers should inform external parties about the company’s anti-harassment policies to set clear expectations for behaviour. By taking proactive measures, businesses can mitigate the risk of sexual harassment incidents and create a welcoming atmosphere for all employees during the festive season.