Staff celebrations and the new duty to prevent sexual harassment

December is usually a time for end of year celebrations. Unfortunately, when groups of people come together, there is an increased risk of issues arising and it’s important for employers to consider these risks in their planning. Let’s look at how employers can ensure everyone has a good time whilst complying with the proactive duty to prevent sexual harassment.

New preventative duty:

On 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 amended the Equality Act 2010 to place an obligation on employers to take reasonable steps to prevent the sexual harassment of their workers “in the course of employment”. This includes preventing sexual harassment whilst the worker is working and in other circumstances where the worker is not working but that relate to work, such as a staff party or social gathering connected to work.

The Equality Act 2010 defines sexual harassment as where a person is subjected to unwanted conduct of a sexual nature where this has the “purpose” or “effect” of violating that person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. It can also occur where a person is treated less favourably because they have either submitted to, or rejected, sexual harassment which has this purpose or effect.

To support employers in implementing the new duty, the Equality and Human Rights Commission (EHRC) has issued its Sexual Harassment and Harassment at Work: Technical Guidance. The EHRC guidance explains that under this duty, an employer should:

•           consider the risks of sexual harassment occurring in the course of employment

•           consider what steps it could take to reduce those risks and prevent sexual harassment of its workers

•           consider which of those steps it would be reasonable for it to take

•           implement those reasonable steps.

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Planning for staff celebrations:

Carrying out a risk assessment prior to an event should be standard practice under an employer’s health and safety obligations. With the new duty to prevent sexual harassment, this should also now include the risk of sexual harassment occurring so that reasonable steps can be identified and put in place to prevent it. Using a risk assessment specifically tailored to sexual harassment can be a good way to ensure the risks are identified and can provide a place to start thinking about the actions needed to remove or mitigate these risks.

One of the risks that might be identified is employees getting carried away at the event, whether due to alcohol consumption or just as they relax. An important aspect of pre-party planning, which might be considered a reasonable step, is setting behavioural expectations and reminding employees of the measures in place, such as the zero-tolerance stance to sexual harassment and harassment of any kind. Writing to employees in advance of a party or work-related social event can be a reasonable step to take to explain what behaviour is considered inappropriate at the party, what is expected of them and to make them aware of possible consequences of bad behaviour.

It’s also worth considering whether alcohol is available at the event. Depending on the nature of the celebration, there may be a cultural expectation that it will be, for example, if it is held at a pub or if the event is marketed as a traditional festive party. Where it is available, offering free soft drinks or implementing drinks vouchers can encourage the responsible consumption of alcohol. It’s not about stopping staff members from letting their hair down, but about helping to ensure everyone has a fun and harassment-free time.

Enforce the rules:

Should inappropriate behaviour occur, steps to tackle it should be taken. This will include a thorough investigation and possibly formal disciplinary action; the rules should be followed consistently. Employees who have a negative experience at a work event may raise grievances regarding the unwanted behaviour and these should be dealt with following the organisation’s usual procedures.

Contact our HR Advice Team for advice on the new duty to take reasonable steps to prevent sexual harassment and if you have any questions ahead of your end of year celebrations.