Cheer Without the Fear!

Festive Parties and the Sexual Harassment Duty: What Employers Need to Know

With the holiday season fast approaching, many businesses are preparing for celebrations to spread cheer and encourage socialising among employees. While these events can be a great way to boost morale and reward employees for their work across the year, they also carry the risk of inappropriate behaviour or misconduct.

To help minimise these risks, it’s important to set clear expectations ahead of time.

Proactive planning such as including reminders about workplace policies and behaviour standards can go a long way in preventing breaches and ensuring everyone enjoys the festivities safely and respectfully.

Understanding the Sexual Harassment Duty

A new duty came into force on 26 October 2024, requiring employers to take “reasonable steps” to prevent sexual harassment of their employees. This legal obligation applies to all workplace settings, including work-related social events such as festive parties.

Sexual harassment is defined as unwanted behaviour of a sexual nature which must have either violated someone’s dignity or created an intimidating, hostile, degrading, humiliating or offensive environment.

To comply with their duty to prevent sexual harassment, employers should assess in advance of the festivities any potential risks and determine what steps would be reasonable to help reduce the risk of any unwarranted behaviour. As part of this, employers should:

• Ensure the business has a clear and accessible policy on sexual harassment. Share this with employees in advance of the party by way of a reminder and to make clear your behaviour expectations at the event
• Conduct a risk assessment (e.g. alcohol consumption (see more below), venue setup and third-party risks from venue staff or guests from other businesses) and document the way you intend to mitigate these risks
• Encourage employees to report any incidents or situations where they felt at risk, even if no misconduct occurred. Designate trusted individuals at the event who employees can approach if needed

Managing Alcohol Consumption

Festive parties are meant to be merry, not messy. Employers should set guidelines for responsible drinking to help reduce the risk of inappropriate behaviour. These should be communicated before the event and include:

• Encouraging drinking in moderation
• Offering non-alcoholic alternatives
• Providing safe transportation options to help employees get home safely
• Providing drinks vouchers instead of unlimited access

Planning prior to the events will go a long way and will help reduce the number of issues arising.

Post-Event Procedures and Support

After the event, employers should ensure any complaints are handled fairly and in line with the Acas Code of Practice. This may involve using the organisation’s grievance procedure or a dedicated process for handling sexual harassment complaints, which could be outlined in a specific policy.

Having a clear and supportive process in place helps reinforce a culture of respect and accountability.

Conclusion

By taking proactive steps, employers can ensure that festive celebrations remain enjoyable for everyone, while staying compliant with legal obligations and fostering a respectful workplace culture. With thoughtful planning and clear communication, holiday events can be both fun and safe for all.

If you have queries or questions in relation to your duty to prevent sexual harassment, risk assessments or sexual harassment policies, please do not hesitate to contact a member of the AfterAthena team (part of the Napthens Group) who are able to offer 30 minutes of free advice to QCS members.