Employment Law: the new employer duty to prevent sexual harassment – Christmas parties

By Alex Jones, Managing Director of 365 Employment Law.

With Christmas party season upon us and an increase in work social events, it is worth considering employers’ new positive legal duty to take reasonable steps to prevent employee sexual harassment in their workplaces. With this new duty, employers may have questions about exactly what they need to do to meet their legal obligations.

In this article, we cover employers’ duty to prevent sexual harassment, how this applies to Christmas parties and other work social events, employer’s liability for employee sexual harassment at these types of events, and what employers need to do to meet their legal obligations.

Key points for employers:

• Employers still have legal obligations to their employees when out of the office at office parties and other work events, including those outside of employees’ normal working hours.

• Employers can be held liable for any sexual harassment or other employee acts at these types of work events.

• Employees can still face disciplinary action for any breaches of the terms of their employment (including behaviour policies) that take place at work social events.

• Employers should ensure that work social events are explicitly covered in their anti-harassment policies and may want to include a specific policy for these types of events

Employers’ duty to prevent sexual harassment

Employers now have a positive legal duty to take reasonable steps to protect their employees from sexual harassment. This duty came into force on 26 October 2024 as a result of the Worker Protection (Amendment to Equality Act 2010) Act 2023.

Exactly what will be considered ‘reasonable steps’ will depend on factors including the size of the employer, their resources, the level of risk and the people the employees are expected to interact with. It is strongly recommended that employers seek expert legal advice to make sure they are meeting their obligations. Going forward, it is proposed under the Employment Rights Bill that this duty is expanded to require an employer to take “all” reasonable steps to prevent sexual harassment.

The new preventative duty is about proactively anticipating risks of sexual harassment and taking reasonable steps to address them. Failing to take adequate steps can have significant legal and financial consequences, including increased compensation awards and EHRC enforcement actions.

However, for employers, there is a balance between limiting risk without limiting enjoyment. By setting clear expectations and standards of behaviour, employers can build an environment of professionalism without diminishing the enjoyment of the season.

What is an employer’s liability for employee sexual harassment at a Christmas party?

Employers can be held legally liable for sexual harassment of their employees at Christmas parties and other work social events. This means that, if an employee experiences sexual harassment at a work social event, they can potentially make an employment claim against their employer.

One notable aspect of the new law is the requirement to address third-party harassment. Employers are now responsible for ensuring that external guests, such as clients or vendors, do not harass employees. Ignorance is no longer a defence and failing to take proactive measures could result in legal claims and reputational damage. The employment tribunal can now increase compensation awards for sexual harassment claims by up to 25% if the employer fails to demonstrate that reasonable preventative measures were in place. This makes proactive planning essential for any employer hosting Christmas events.

The Equality and Human Rights Commission has set out an 8-step guide to preventing sexual harassment at work. These steps include:

• Creating an anti-harassment policy (this should make clear that it also applies to work social events).

• Engaging with staff to make sure that they are aware of employers anti-harassment policy and how they can report any sexual harassment.

• Carrying out a risk assessment (it may be advisable to carry out a separate risk assessment for work social events).

• Providing suitable training on what sexual harassment at work looks like, what to do if it occurs and how to handle any complaints.

For work social events, it is advisable to take specific measures, such as having certain members of the management team not drinking so that they can have clear judgement over any issues that might take place. Other steps could include limiting free drinks available to employees and making it clear that anyone who is considered to have drunk too much will be sent home.

It is also worth noting that employees can be disciplined for any breaches of the terms of their employment while at work social events. This includes any breaches of the company’s anti-harassment policy. Making sure that employees are aware of this in advance of events could help to limit the risk of any inappropriate behaviour.

365 Employment Law provide advice on all aspects of Employment Law, including employee behaviour policies and sexual harassment. We can help you ensure you have the right policies in place and work with you to resolve any issues that may arise.

For further advice, either as an employer or employee contact us at 365 Employment Law.

Tel: 01903 863284

www.365employmentlaw.co.uk