The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force on 26 October 2024, and with it came a new positive statutory duty on employers to take reasonable steps to prevent sexual harassment in the workplace. This is a departure from previous legislation, which only required employers to respond to claims of sexual harassment rather than prevent them.
What effect will this have on Christmas parties?
Sexual harassment claims that emerge from these festivities may well plague employers in the first weeks of 2025. Employers may possibly consider that after years of learnt experience, they are better prepared and have mastered how to throw a healthy and safe office Christmas party. However, as fun as they may be, work parties are a high-risk environment for sexual harassment. Usually alcohol is served, inhibitions are lowered, and employees often forget that the work Christmas party is an extension of the workplace. The new Act also means that steps taken in the past by employers may not be sufficient.
The duty under the Act requires employers to take reasonable steps to prevent sexual harassment by their own workers. It also requires employers to take reasonable steps to prevent sexual harassment of workers by third parties, such as clients and customers. Under the Act, whether or not an employer has taken reasonable steps to prevent sexual harassment is an objective test as to what it is reasonable for the employer to do in the circumstances; note that, an employer is unlikely to be able to comply with the duty unless they carry out a risk assessment.
So coming back to the Christmas party: employers should undertake a specific risk assessment of the event – that is, consider what could happen during and after the party, the different power dynamics that could arise and the appropriateness of senior members being left ‘partying’ with junior team members, particularly if alcohol is involved. An employer should then communicate exactly what is and is not acceptable behaviour at the party – even now, there are deep misunderstandings in some workplaces as to what is or is not, sexual harassment. There should be plenty of non-alcoholic drinks on offer and an anonymous reporting route for concerns (even on the night), as employees and workers may steer clear of raising grievances which can be awkward, protracted or end up retaliatory.
Even if you have had your 2024 Christmas party, the duty under the Act is ongoing. The Equality and Human Rights Commission (EHRC) has published a concise ‘Employer 8-step guide: Preventing sexual harassment at work’ which employers may find useful. The EHRC also has templates including a checklist, action plan and monitoring log.
While initially developed for the hospitality industry, the templates can apply to other sectors. The checklist is incorporated into the action plan to show how the new policy on sexual harassment can integrate into an organisation’s existing policies and the log is to monitor progress. An in-depth quarterly log is recommended to assess effectiveness of the checklist and any action taken and helps to demonstrate that employers have an active policy in place as opposed to this just being a box ticking exercise. The three templates can all be accessed at: Preventing sexual harassment at work: checklist and action plan for employers | EHRC