To Christmas party or not !?
Posted on December 5, 2024
Of course it gets to the time of year where it’s always nice to go out with your work colleagues to celebrate the year. There’s nothing wrong with employees having a drink and a good time, but these events can blur the lines between professional and personal boundaries, which is where it can create a key risk for employers, especially from a sexual harassment perspective.
With the recent changes to sexual harassment when the Worker Protection (Amendment of Equality Act 2020) Act 2023 became law:
- Employers must now take ‘reasonable steps’ to prevent sexual harassment of employees
- This should extend to preventing harassment from third parties, including customers, clients and contractors
The new sexual harassment law does not mean that employers are legally responsible for every instance of sexual harassment in the workplace or at company events. But if the worst happens and you haven’t taken preventative measures, there’s a good chance you’ll be facing up to a further 25% uplift on any awards made at an employment tribunal.
Here’s a few thoughts on making sure your Christmas party is a success, rather than you feeling like you are party pooper and have to cancel it !
Update and Communicate Policies
Ensure your harassment policies are up-to-date and cover work-related events. Circulate a reminder to employees about expected behaviour and the consequences of misconduct. For example, “We’re excited to celebrate the season together! Please remember that our Code of Conduct applies to the Christmas party to ensure a fun and respectful environment for all.”
Monitor Alcohol Consumption
Excessive drinking can contribute to inappropriate behaviour. Whilst you want to keep the party festive, consider the following:
- Limit free alcohol or provide drink tickets.
- Offer plenty of non-alcoholic options.
- Schedule the event to end at a reasonable hour.
Consider Inclusivity
Be mindful of religious and cultural differences. A “holiday party” theme, rather than a Christmas-centric one, ensures all employees feel welcome.
Educate your staff
Managers and employees should be equipped to identify and address inappropriate behaviour. There’s plenty of training that’s available, either face to face or online. Get in touch if you’d like to discuss the best option for your Business.
Provide Clear Reporting Mechanisms
Make sure employees know how to report incidents, both during and after the event. Reiterate that all reports will be taken seriously and handled confidentially.
Consider the theme of the party:
Avoid Risky Entertainment: Steer clear of activities or themes that might lead to discomfort or inappropriate behavior (e.g., mistletoe, risqué costumes).
Stay Vigilant:
Managers should discreetly monitor the event for signs of misconduct and if possible designate a ‘responsible party manager’.
After the Party:
If an incident occurs, address it promptly and fairly and investigate all reports thoroughly, take appropriate action, such as disciplinary measures, if necessary.
Your Christmas party should be a time to celebrate and strengthen your team, not a source of legal or reputational risk. By taking proactive steps to align with the new sexual harassment laws, you’ll not only safeguard your employees but also create an environment where everyone feels respected and valued. We all think it won’t happen to me, as we have banter, but it takes just one thing to be said or done that is misconstrued and you could find yourself facing legal action… and all you wanted was a good fun Christmas party!
Do get in touch with SME HR Consultancy if you want to chat through your party and we can help make sure you’re as protected as possible.
+44 (0) 2382 518 004
info@smehrconsultancy.com
www.smehrconsultancy.com
