With the season for annual office Christmas parties getting into full swing, Emma-Louise Hewitt, Head of the Employment Law team at Sydney Mitchell, answers some of the most frequently asked questions about the right – and wrong – behaviour for employees and their bosses in the eyes of the law.
Is employee and employer behaviour actually governed by law?
Yes, in particular, the Duty Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force on 26 October 2024. This requires employers to take reasonable steps to prevent sexual harassment of their workers. Previously there was no proactive obligation on employers, but they are now required to actively consider the risks of sexual harassment happening and take active steps to prevent it.
What parts of the legislation do employers need to know about?
Firstly, the Equality Act 2010. Under equality law, employers have a positive legal duty to take reasonable steps to prevent sexual harassment of their employees. The Act 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 known as ‘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, both in the workplace and at work organised events and parties, the Equality and Human Rights Commission can take enforcement action.
Secondly, the laws governing Sexual Harassment in the workplace. Following the implementation of the Duty Worker Protection as part of the Equality Act 2010, employers are required to take ‘reasonable steps’ to prevent sexual harassment of their employees. These reasonable steps could include:
- 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, the likelihood of financial compensation if an individual’s claim of sexual harassment is successful, and in turn damage to the business’ reputation.
Should a business have any policies or official guidance about behaviour at the Christmas party?
Yes. All employers should ensure they have relevant policies and procedures that clearly set out the expectations on standards of behaviour for all staff, both at work related functions, as well as in the office.
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, especially given that this obligation extends to third parties.
To avoid any non-compliance with the law, employers should remind employees and anyone else attending the work Christmas party celebrations, of the Company Policies and Procedures governing their behaviour and expectations.
What do employees need to know?
Employees should be reminded that the Christmas party is organised by their employer, and so they should adhere to the expectations of their employer. All of this can be set out in a short pre-party email to outline and remind employees of the expected standards.
Why do employers need to bother?
Taking this approach could save an employer a lot of stress and financial risk. After all, it is the employer who will have to answer for the actions or risks to welfare of employees at the event, and Employment Tribunals are often tasked with ruling on whose been ‘naughty or nice’ at the office Christmas party.
Get in touch
Emma-Louise Hewitt specialises in all areas of Employment Law and acts for employees and employers. As well as a Partner at Sydney Mitchell, she is President of The Solihull Chamber of Commerce.
To talk to Emma-Louise or a member of our Employment team contact us on 0121 746 3300 or complete our enquiry form.
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