Employers should remind employees of the Company Policies and Procedures governing their behaviour and expectations ahead of office Christmas parties.
“It is vital every Christmas reveller attending the festive celebrations hosted by employers is made fully aware of the policies and procedures governing their behaviour and expectations, to avoid non-compliance with the Equality Act,” says Emma-Louise Hewitt, Head of the Employment Law team at local firm Sydney Mitchell, which provides employment law advice and solutions to local and national businesses.
“Employment Tribunals are often tasked with ruling on whose been ‘naughty or nice’ at the office Christmas party. To mitigate risks, employers should ensure they are up to date on their responsibilities in relation to parties or events they organise or sponsor to mark the festive season. After all, it is the employer who will have to answer for the actions or risks to welfare of the employees at the event.”
Equality Act 2010
Under equality law, employers have a positive legal duty to take reasonable steps to prevent sexual harassment of their employees. The Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature which has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
This responsibility is called the preventative duty, and is designed to improve workplace cultures by requiring employers to anticipate how sexual harassment might happen in their workplace and take proactive reasonable steps to prevent it happening. If employers do not comply, they are breaking the law.
If an employer fails to take reasonable steps, the Equality and Human Rights Commission can take enforcement action.
Sexual Harassment
Following the implementation of the Duty Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into force on 26 October 2024, employers are required to take reasonable steps to prevent sexual harassment of their employees.
Previously there was no proactive obligation on employers, but they are now required to actively consider the risks of sexual harassment happening in their workplace and take steps to prevent harassment. These steps will vary from employer to employer but could involve: –
· Having a clear and specific policy on sexual harassment.
· Providing training for all employees.
· Considering what third parties your employees might be in contact with.
An employers failure to act leads to an increased risk of an employment tribunal, with increasing compensation if an individual’s claim of sexual harassment is successful.
Policies and procedures
“All employers should have the relevant policies and procedures setting out the expectations on standards of behaviour for all staff, both in the office and at work related functions including the office Christmas party,” Emma-Louise says.
“Employees should be gently, but firmly, reminded that the Christmas party is organised by their employer, and so they should adhere to the expectations of their employer. It may seem a tad draconian, but taking this approach could save an employer a lot of stress and financial risk.”
Founded over 260 years ago and with offices in Solihull and Birmingham, Sydney Mitchell LLP’s specialist team portfolio spans employment, commercial property, company and commercial services, litigation, insolvency, family law, residential property, dispute resolution, immigration, wills and probate, tax and trusts, and personal injury. Visit: www.sydneymitchell.co.uk
