What effect will this have on Christmas parties?
Sexual harassment claims are on the increase since the new legislation came into play. Recent analysis shows that successful tribunal cases for sexual harassment have increased by 7% since the introduction of the Workers Protection Act in October 2024. ACAS have also seen their calls double in relation to these cases. Employee calls to ACAS concerning sexual harassment increased by 59% in Q3 2024, while employer calls rose by a staggering 164% in the same period.
Employers may possibly consider that after years of learnt experience, they are better prepared and have mastered how to throw a healthy and safe office Christmas party. However, as fun as they may be, work parties are a high-risk environment for sexual harassment. Usually alcohol is served, inhibitions are lowered, and employees often forget that the work Christmas party is an extension of the workplace. The new Act also means that steps taken in the past by employers may not be sufficient.
The duty under the Act requires employers to take reasonable steps to prevent sexual harassment by their own workers. It also requires employers to take reasonable steps to prevent sexual harassment of workers by third parties, such as clients and customers. Under the Act, whether or not an employer has taken reasonable steps to prevent sexual harassment is an objective test as to what it is reasonable for the employer to do in the circumstances; note that, an employer is unlikely to be able to comply with the duty unless they carry out a risk assessment.
So coming back to the Christmas party: employers should undertake a specific risk assessment of the event – that is, consider what could happen during and after the party, the different power dynamics that could arise and the appropriateness of senior members being left ‘partying’ with junior team members, particularly if alcohol is involved. An employer should then communicate exactly what is and is not acceptable behaviour at the party – even now, there are deep misunderstandings in some workplaces as to what is or is not, sexual harassment. There should be plenty of non-alcoholic drinks on offer and an anonymous reporting route for concerns (even on the night), as employees and workers may steer clear of raising grievances which can be awkward, protracted or end up retaliatory.
In addition, The Equality and Human Rights Commission (EHRC) has published a concise ‘Employer 8-step guide: Preventing sexual harassment at work’ which businesses may find useful.
The law on Sexual Harassment will tighten even more next October 2026, so it is essential business have this framework in place.
All of our clients at My HR Hub are fully up to date with this new legislation, so please feel free to contact us if you need help.
