Employers must take seriously their responsibility to ensure behaviour at their Christmas celebrations does not become inappropriate, a lawyer has warned.
Rules which came into force last year (2024) mean that organisations must legally take “reasonable steps” to protect workers from sexual harassment.
That, an employment law specialist has warned, also covers conduct at the annual seasonal bash or similar events.
Daniel Gorry, a Glasgow-based Partner at independent legal firm Lindsays, said: “Just because something might not take place in the actual workplace, it doesn’t mean that the employer will not have any legal responsibility for what happens there.
“Incidents that take place at any work-organised party or gathering can be classed as being in the course of employment.
“That could range from after-work drinks to the office Christmas party. And it means that such events are covered by workplace sexual harassment rules and procedures.”
The Worker Protection Act places a legal duty on employers to take reasonable steps to prevent the sexual harassment of employees in the workplace. That applies whether it involves colleagues or third parties such as customers or clients.
It requires employers to ensure that staff know their stance in preventing sexual harassment, the behaviour that is expected at all times, as well as investigating any complaint and taking action against the perpetrator if wrongdoing is found.
In cases where they are found to have breached those duties, any sexual harassment compensation payment awarded by an employment tribunal can be increased by 25%.
Traditional office Christmas parties are about to get into full swing.
Mr Gorry, added: “Employers need to be vigilant about inappropriate behaviour, for which they could be deemed responsible, at their seasonal celebrations. Some may not realise that their legal responsibilities in this regard have grown.
“Everyone wants to have fun and enjoy some more relaxed times with colleagues after a busy year – and, for the most part, that’s absolutely fine to do.
“But, for those who enjoy a few drinks as they do so, inhibitions can become lowered and the risk rises for the boundaries of professional behaviour to be blurred and for some unwanted sexual attention or uncomfortable situations to take place.
“This can easily stray into misconduct for which the employer is legally responsible.”
Under the Worker Protection Act, the Equalities and Human Rights Commission (EHRC) is the body with the powers to investigate businesses and organisations accused of failing to safeguard staff.
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Preventing sexual harassment: The steps employers need to take
To demonstrate the steps taken to prevent sexual harassment in in the workplace, employers must follow eights steps set out by the Equalities and Human Rights Commission.
- Have an effective anti-harassment policy in place
- Ensure an open-door policy for staff to raise issues, including through one-to-ones, staff surveys and exit interviews
- Risk assess your workplace and events
- Ensure staff know how to make a complaint
- Train all staff on the procedures and acceptable behaviour
- Ensure all complaints are properly dealt with as set out in your policy
- Treat any allegation of harassment by a third-party (such as a customer or supplier) as seriously as that by another employee
- Regularly review the steps to you have in place to prevent harassment and make improvements where necessary
Mr Gorry said: “Sexual harassment remains far too prevalent in the workplace and often stems from power imbalances. Legally, employers must risk assess and mitigate these imbalances and to protect their workers by making the workplace a safe and comfortable environment for everyone.”
