With the festive season fast approaching, many employers are planning their Christmas party.
However, it is often forgotten that these events are still an extension of the workplace and, with that, bring ethical and legal responsibilities.
As an employer, it is important to reward your staff and make them feel safe and protected, not just in the workplace, but at any work-related event.
If you are an employer wanting to protect your rights and follow the correct legal procedures for your Christmas party, here’s what you need to know.
What are the legalities of harassment in the workplace?
As an employer, it is your legal duty to prevent sexual harassment in the workplace under the new sexual harassment law in the Worker Protection (Amendment of Equality Act 2010) Act 2023.
Harassment can take different types of forms, ranging from unwanted advances to inappropriate jokes, and a Christmas party may result in employees engaging in behaviour that would not occur in the workplace.
It is an employer’s responsibility to be proactive in assessing and addressing risks and implementing safeguards.
How can I protect my staff from harassment?
As an employer, you can implement clear policies beforehand and make it clear that workplace behaviour standards still apply.
Refresher sessions on equality, diversity and conduct can remind staff on the importance of maintaining professionalism outside the workplace.
Prevention of these situations could be as simple as assessing the environment, such as managing alcohol, avoiding late-night events and arranging travel home.
Despite Christmas being a time full of festive cheer and tipples, alternative party suggestions like group activities and sit-down meals can still boost team morale and reduce risks.
When it comes to the party itself, don’t wait for situations to develop and step in if you see inappropriate behaviour.
Employers can be held liable for misconduct committed by their employees in the course of employment, so prompt action is key to protecting you and your team.
How should I handle any complaints?
Your employees need to know that they have trusted channels that they can report any harassment or complaints to.
Offering various ways to report harassment, such as a phone line, online form, HR assistance or an anonymous reporting system, could improve an employee’s confidence to come forward.
If a complaint arises, it should be thoroughly investigated and support and confidentiality should be displayed throughout the process.
As an employer, if harassment is confirmed, you must take appropriate disciplinary action depending on the severity of the behaviour.
Sexual harassment incidents can be intimidating, but providing the victim with necessary services, from counselling to a safe space to talk, can go far.
Should I be apprehensive about holding a Christmas party?
A Christmas party should be the highlight of the year and not a legal headache.
By staying informed about the Worker Protection Act and setting clear boundaries, you can make sure that the party is safe.
Seeking advice from our solicitors before planning your Christmas party and determining the risk factors can help protect yourself and your team.
A little preparation now can help everyone enjoy the festivities responsibly and legally.
If you need advice on your rights as an employer and how to protect your employees, reach out to our Employment Law team for guidance.
