How employers can ensure Christmas remains merry and risk-free!

As you should be aware from our previous article on this topic, employers are liable for the acts of their employees undertaken in the course of their employment and multiple tribunal judgments have confirmed this would include work-related events such as work organised Christmas parties (and in certain circumstances, staff organised ‘after parties’).

The risks for employers are arguably greater this year, following the implementation of the Worker Protection Act (Amendment of Equality Act 2010) on 26 October 2024. This Act created a new preventative duty on employers to take reasonable steps to prevent sexual harassment of their workers in the course of employment and accompanying guidance from the Equality and Human Rights Commission (EHRC) confirmed that this duty extends to preventing sexual harassment of workers by third parties. This could therefore include sexual harassment of employees by wait staff at the Christmas party venue.

If an employee brings a successful claim of sexual harassment, a Tribunal will go on to consider whether their employer took reasonable steps to prevent sexual harassment of their workers generally (i.e. not just to prevent the specific act of sexual harassment complained off). If it is found they have not, any compensation awarded can be increased by up to 25%. This can vastly increase already significant sums – with discrimination and harassment compensation awards being uncapped.

We would advise employers to take additional steps this festive season to ensure they are complying with the new duty, for example by communicating to the Christmas party venue that it has a zero-tolerance policy towards sexual harassment and enquiring as to their own policies on this topic and the steps they take to keep patrons safe whilst on the premises. Employers may consider attending the venue in advance to ensure that appropriate steps are being taken.

As always, there are some obvious ways employers can reduce the risk of incidents at Christmas parties. For example, by limiting the amount of free alcohol provided to employees by providing one or two free drinks only and sending an office wide email prior to the event reminding employees of the expectations on them whilst attending work social events and of the need to conduct themselves appropriately. Employees should be aware that the usual grievance and disciplinary procedures remain applicable when attending work related events.

This all sounds a bit doom and gloom, however employers can choose their wording carefully in order to get across the messaging required and mix it in with some upbeat commentary regarding the event itself, what entertainment will be provided and how much it is looking forward to celebrating the festive period and rewarding employees at the end of a busy year! Employees can also be reminded of other benefits they will receive around the Christmas period, such as Christmas elevenses, wreath making workshops and time off around the Christmas period!

If you have any concerns in advance of the Christmas period, particularly in light of the new legislation, please get in contact with our Employment team who would be more than happy to assist.