As we approach the final week before Christmas, employers may be preparing for, or have already hosted, their end-of-year celebrations. Whether it’s a Christmas party, team lunch, or festive gathering, these events are a great opportunity for colleagues to unwind and connect. However, they also come with certain risks, particularly when it comes to inappropriate behaviour.
Sexual harassment can sometimes occur in social settings where alcohol is involved, leading not only to uncomfortable and harmful situations for employees, but also exposing employers to legal risk. Importantly, work-related social events are an extension of the workplace, meaning employers remain responsible for employee conduct. Under the preventative duty introduced in October 2024,, employers must take reasonable steps to prevent sexual harassment from occurring; including at Christmas parties and festive events.
What Constitutes Sexual Harassment at a Work Party?
A common misconception is that behaviour at a Christmas party is less likely to “count” because it happens outside normal working hours or in a social setting. This is not the case.
Sexual harassment is unwanted conduct of a sexual nature that has the purpose or effect of violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating, or offensive environment. At a work party, this can include (but is not limited to):
- Inappropriate comments, jokes, or “banter” of a sexual nature
- Unwanted flirting or persistent advances
- Sexual comments about someone’s appearance or clothing
- Inappropriate touching, hugging, or physical contact
- Sharing sexual images, videos, or messages (including via WhatsApp or social media linked to the event)
Crucially, intent is irrelevant. If the behaviour is unwanted and has a negative impact on the individual, it may amount to sexual harassment; regardless of whether it was intended as a joke or part of “festive fun”.
Understanding what sexual harassment looks like in practice is a key part of meeting your preventative duty. Employers who fail to educate staff or challenge inappropriate behaviour may find themselves exposed to claims, even where the conduct occurred at a social event.
Practical Steps Employers Can Take to Reduce Risk
At Thrive Law, we regularly support employers who are dealing with the aftermath of incidents that could have been avoided with the right preventative measures in place. Here are some practical steps you can take to reduce the risk:
1. Moderate Alcohol Consumption
While alcohol is often part of festive celebrations, employers should take steps to ensure it is consumed in moderation. Consider providing plenty of non-alcoholic alternatives and limiting alcohol through drink vouchers or time restrictions. Excessive alcohol consumption is a common contributing factor in harassment claims, and failing to manage this risk could undermine your ability to show that reasonable preventative steps were taken.
2. Circulate Clear Guidelines Ahead of the Event
Clear communication is key. Circulate guidance in advance reminding employees that workplace standards of behaviour apply equally at social events. Setting expectations upfront helps demonstrate compliance with the preventative duty and reduces the likelihood of inappropriate behaviour occurring.
3. Remind Staff of Your Sexual Harassment Policy
Ahead of the event, take the opportunity to re-circulate your sexual harassment policy and reinforce your zero-tolerance approach. Employees should be reminded of what constitutes sexual harassment, how concerns can be raised, and the consequences of breaching the policy. This not only supports a respectful culture but also strengthens your legal position should an issue arise.
4. Ensure a Safe and Supportive Environment
Make sure employees know who they can speak to if something doesn’t feel right, and that managers are trained and confident in stepping in if concerns arise. A failure to provide clear reporting routes or intervene appropriately can increase the risk of claims.
If Things Do Happen: Respond Promptly and Appropriately
Despite best efforts, incidents can still occur. If sexual harassment is alleged following a Christmas party or festive event, it is essential that employers act promptly and in line with their disciplinary procedures.
Failing to respond appropriately can significantly increase legal risk. Delays, inconsistent handling, or a lack of investigation can undermine an employer’s defence and contribute to a breakdown in trust, potentially leading to grievances, tribunal claims, and reputational damage.
Taking swift, fair, and proportionate action is key to meeting your legal obligations and maintaining a safe working environment.
Thrive Law Can Help
At Thrive Law, we support employers in managing both the prevention of sexual harassment and the practical steps required when issues arise. We can:
- Advise and support you through any disciplinary process
- Review and update your equal opportunities and sexual harassment policies
- Assist with your sexual harassment risk assessment or annual refresher
- Design and deliver tailored training for both managers and staff, aligned with your internal processes and bespoke to your organisation
Learn more about your obligations and how Thrive Law can help by clicking here.
If you would like support in ensuring your workplace is compliant, protected, and prepared, now or in the new year, our team is here to help. Contact us at enquiries@thrivelaw.co.uk
