Mistletoe and Missteps: Preventing Harassment at Christmas Parties

As the festive season approaches, offices are coming together for their annual Christmas parties, offering a chance to unwind and celebrate the year’s achievements. However, whilst these events provide a necessary release and recognition of employee’s contributions, they also present a heightened risk of inappropriate behaviour, particularly sexual harassment.

The risks will be particularly heightened for employers this year, following the Worker Protection Act 2024, as employers now have a new legal duty to take “all reasonable steps” to protect their employees from sexual harassment. For more advice on what this new duty means generally, and steps employers should be taking, please see our article by Louise Keenan, or reach out to our team for advice.

Whilst there is a general duty in place, the festive period will bring this into the spotlight, and employers will want to ensure they are doing all they can to protect their workforce, and ensure that everyone can enjoy the Christmas party, with good clean fun!

Employers liability

It is important for employers to remember that they can be held vicariously liable for their employees’ behaviours whilst at a work Christmas party. This was established in the case of Bellman v Northampton Recruitment Ltd [2018].

Employers can help to protect themselves from being held vicariously liable for harassment that occurs at work-related events if they show that they took all reasonable steps to prevent the behaviour. Now that this protection has been extended to sexual harassment from a third party, employers have a new duty to take reasonable steps to prevent this harassment, and would need to be able to show that they did so to mitigate risks.

This means that if an employee is harassed by a colleague, manager, or even a third party at a work Christmas party, the employer could face legal consequences unless they can demonstrate that they took reasonable steps to prevent such behaviour.

The Risks at Christmas Parties

Christmas parties usually have a relaxed atmosphere, often involving alcohol, and social dynamics can sometimes blur the lines between acceptable and unacceptable conduct. Here are some specific risks associated with these events:

• Increased Likelihood of Inappropriate Behaviour: Alcohol consumption can lower inhibitions and lead to employees behaving in a way that they otherwise would not. Added to this, the festive spirit and relaxed non-professional atmosphere can increase the risk of inappropriate comments or physical advances.
• Third-Party Harassment: As Christmas parties are often held off-site, there is an increased risk of third party harassment. This may be from staff working the event, guests or customers invited to the event. If these third parties engage in behaviour that constitutes sexual harassment the employer could still be held liable under the new law. There is an even greater risk if the Christmas party is a combined party with multiple businesses sharing a venue.
• Power Dynamics: The presence of senior staff relaxing with junior staff, can increase risks of the potential for power imbalances, and can create an environment where junior employees may feel pressured or vulnerable to harassment.

Practical Tips for Employers

To mitigate the risks and uphold their legal duties, we recommend that employers take proactive steps before, during, and after the Christmas party, and keep a clear record of the steps they have taken.

1. Pre-Event Preparation

• Risk Assessment: conduct a clear a thorough risk assessment of the event, reviewing where potential risks are, and steps that could be taken to address this
• Policy Review: Ensure your anti-harassment policies are up to date and clearly communicated to all employees.
• Communication: Send a clear email to all staff, highlighting the risks and reminding them of the expected standards of behaviour and the companies’ zero tolerance approach to sexual harassment.
• Event Planning: Choose a venue that provides a safe and controlled environment. Limit the availability of alcohol, and consider offering non-alcoholic alternatives. Ensure that third parties, such as clients or suppliers, are also aware of and adhere to your harassment policies.
• Training: Managers should be trained ahead of the event, whether this is full sexual harassment training, or a refresher specific for the party. Make sure they understand the expectations and can be models of good behaviour at the party.

2. During the Event

• Visible Management Presence: Encourage senior staff to lead by example and monitor behaviour. Their presence can act as a deterrent to inappropriate conduct. If appropriate, consider designating a manager not to drink and to be on the lookout for any unacceptable behaviour.
• Alcohol Management: Monitor alcohol consumption, and consider making use of a restricted ticket system for drinks or hiring professional bar tenders to control serving. Be prepared to intervene if necessary. Arrange for alternative activities that don’t revolve around drinking.
• Safe Spaces: Designate areas where employees can go if they feel uncomfortable or need to report an issue. Ensure that these spaces are known and accessible to all attendees.
• Getting home safe: Discuss with employees how they are getting home, and be on the look out for any potential risks and people who may need assistance getting home safely.

3. Post-Event Follow-Up

• Morning After: Ensure that you consider carefully how to deal with the following morning if this is a working day. Some organisations allow employees to have a later start time, whilst others take a zero-tolerance approach to hangover-induced sickness absence. Whatever your approach, decide upon your stance and communicate it clearly to employees in advance of the party.
• Reporting Mechanisms: Reiterate the reporting channels available to employees who experience or witness harassment. Ensure that reports are taken seriously and handled promptly.
• Investigations and Actions: If an employee raises a grievance as a result of inappropriate behaviour during the party, this should be investigated and dealt with in a timely manner. Employers should also follow up with affected individuals to provide support and address any ongoing concerns.
• Review and Reflect: After the event, review what went well and what could be improved for future gatherings. Gather feedback from employees to understand their experiences and make necessary adjustments to policies and practices.

If you need any further guidance, or would like specific advice relating to a sexual harassment issue, please reach out to our team who would be happy to help.

We hope your office party over the festive season goes well!