Enhanced harassment laws may necessitate the ‘toning down’ of office Christmas parties
As the holiday season quickly approaches, employers are facing new challenges when planning their annual office Christmas parties. The recent enactment of the Worker Protection Act 2023 has highlighted the need to proceed with caution when organising and carrying out such events.
The Act imposes a positive obligation on employers to take reasonable steps to prevent instances of sexual harassment in the workplace. By mandating a proactive approach, the Act aims to shift us away from a culture of merely addressing misconduct to one that prioritises its prevention.
The potential implications of this legal shift have sparked debate within the legal community, with experts warning of the possible ‘death’ of traditional alcohol-fuelled celebrations. While the Act does not explicitly prohibit such events, they now carry significant risks for employers. To ensure compliance with the new law, and to adequately safeguard their employees, employers must implement substantive measures to mitigate these risks.
How Can Employers Exercise Caution?
As we approach the first holiday season since the Act’s implementation, it is crucial for employers to reevaluate their existing anti-harassment policies and consider whether any amendments are required in light of the new law.
Reiterating Professional Boundaries
Employers must understand that their duty of care extends beyond the traditional 9-5 working hours. It is essential to communicate to employees that workplace celebrations are essentially an extension of the workplace, and should be treated as such. Emphasising the importance of maintaining professional boundaries with colleagues during these events is crucial in encouraging a respectful environment.
Training and Expectations
Employees should be provided with additional training to ensure that they fully understand what constitutes unacceptable behaviour, and the consequences that follow. Whilst such training should already be in place, it is essential that this is updated to reflect the recent changes in law. By providing their employees with clear expectations of unacceptable behaviour, employers can help reinforce the professional nature of the office celebration.
Limiting External Risks
Certain sectors, such as financial services, are notorious for their alcohol-fuelled celebrations, which have resulted in scandalous headlines in recent months. Employers may find it necessary to limit, or remove, access to alcohol during social events and celebrations, to help prevent the impairment of judgment that can lead to inappropriate or unprofessional behaviour.
Consequences for Employers Who Fail to Safeguard Staff
Employers who fail to take reasonable steps to protect their employees from harm may face expensive consequences. If an employee is successful in bringing an employment tribunal claim for sexual harassment, the compensation they are awarded may be uplifted by up to 25% in cases where an employer has failed in their proactive duty.
Ultimately, this holiday season may necessitate the ‘toning down’ of the traditional office Christmas party. Employers can strike a balance between encouraging festive fun and ensuring the safety and wellbeing of their employees by reiterating the importance of professionalism and remaining vigilant to potential risks.
Harassment of any kind should never be tolerated. If you have experienced bullying or sexual harassment at work, we encourage you to reach out to Bolt Burdon Kemp for a free and confidential conversation with one of our experts.
