It’s the season of tinsel, mince pies, and office parties, but there’s a serious note to consider alongside the festivities this year. The catchily titled ‘Worker Protection (Amendment of Equality Action 2010) Act 2023’ places a renewed focus on employers’ responsibilities in relation to workplace social events, including Christmas parties. While these gatherings are a chance to (metaphorically) let your hair down and celebrate everyone’s hard work throughout the year, employers must also ensure they’re creating a safe and inclusive environment.
As well as the harm that can be caused to employees who are subjected to sexual harassment, the penalties for employers who get it wrong can include legal claims, financial penalties and reputational damage. Here are a few tips on how employers can keep the festive spirit alive while staying on the right side of the law.
1. Understand the duty to prevent sexual harassment
The Worker Protection Act emphasises an employer’s duty to take all reasonable steps to prevent sexual harassment. This duty doesn’t stop at the office door—it extends to work-related events, even those held off-site or outside working hours. Employers can also be held liable for harassment caused by employees or third parties, such as invited guests or members of the public.
Practical steps:
- Remind employees: Before the event, send a friendly email outlining behavioural expectations. Reinforce the zero-tolerance stance on harassment and remind staff that work policies still apply at work social events.
- Address non-employee attendance: If guests (like partners or friends) are invited, set clear guidelines about their behaviour too.
2. Conduct a Risk Assessment
Planning a festive party now requires a little more than booking a venue and ordering the food and drink. A risk assessment is a crucial step towards identifying potential issues and mitigating them.
What to consider:
- Venue: Choose a safe and accessible location.
- Alcohol: Determine if measures are needed to limit alcohol intake or provide alternative (alcohol free) options.
- Inclusivity: Make sure everyone feels included, regardless of faith, culture or dietary needs.
3. Manage Alcohol Responsibly
Festive parties and alcohol often go hand in hand, but employers have a responsibility to ensure that intoxication doesn’t lead to inappropriate behaviour.
Tips for managing alcohol:
- Limit consumption: Use drink vouchers or set a “cash bar” policy to discourage over-drinking.
- Provide alternatives: Serve plenty of non-alcoholic options and encourage hydration.
- Timing matters: An early start (depending on when you finish!) or food-heavy event can help balance the festive spirit.
4. Create an Inclusive Atmosphere
Not everyone celebrates Christmas, and some may prefer a low-key or non-alcoholic environment. An inclusive approach ensures no one feels left out.
Ideas for inclusivity:
- Choose a seasonal theme like “Winter Wonderland” instead of a Christmas-centric celebration.
- Offer a variety of food and drink options catering to all dietary preferences.
- Respect those who may not wish to attend and ensure no pressure is applied.
5. Follow Up and Address Concerns
Employers should make it clear in advance of the event that inappropriate behaviour will not be tolerated and will be taken seriously and investigated.
- Monitor the event: Designate managers to act as points of contact for staff during the party.
- Investigate promptly: If complaints arise, handle them sensitively and in line with your grievance and/or dignity at work procedures.
- Debrief: Obtain and use feedback to improve future events.
A Thoughtful Celebration is a Joyful One
With the right planning and communication, your office Christmas party can be a safe and enjoyable event for all. By prioritising respect and inclusivity, you’ll ensure that the festivities stay merry—and legally bright.
Whilst we very much hope it all goes smoothly for you; we are here to help where matters require further investigation. Our team of expert investigators are highly skilled in investigating what can often be complex and sensitive matters. If you require support with an investigation, please do not hesitate to contact our team at contactus@ibexgale.com
Authors: Zoe Wood, Associate Director and Kim O’Donnell, Associate
