Whilst the joyful festivities of the ‘Christmas party season’ offer employees an opportunity to ‘let their hair down’, enjoy socialising and lift team morale; employers must navigate the yuletide period with caution, ensuring that ‘harmless banter’ does not encroach on inappropriate behaviour or worse, sexual harassment.  

What Responsibilities Do Employers Have at Christmas Parties? 

Let it not be forgotten, a Christmas party or indeed any ‘work event’ is considered an extension of the workplace, therefore the employer is not absolved of its duty of care by virtue of the fact that they are not on ‘company soil’. To take this one step further, the recent Worker Protection (Amendment of Equality Act 2010) Act 2023 (“Worker Protection Act”) which came in to force in October 2024 sets a positive obligation on employers to take reasonable steps to prevent unwanted sexual attention. To expand on this, the Equality and Human Rights Commission (EHRC) updated their helpful guidance for employers in September 2024 to provide detailed advice on the new responsibilities.  

How Can Employers Prevent Sexual Harassment at Work Events? 

The Equality Act 2010 already imposed a level of ‘vicarious liability’ on an employer, meaning that they are technically responsible for the actions of their employees, irrespective of whether the unwanted act occurred in the workplace or not. However, the Worker Protection Act takes this a step further, putting a positive duty on employers to actively prevent the sexual harassment of their employees by requiring them to take ‘reasonable steps’ to this end. It is key to note that this obligation extends to third parties for example, clients, customers, contractors etc. The guidance does not clearly identify said ‘reasonable steps’ but does accept that this is an objective test that will be determined on a case-by-case basis. Factors such as company size, resources, industry, risks etc will be considered. Many examples can be found on their website.  

On a practical level, employers should endeavour to promote an inclusive culture, circulate a detailed anti-harassment policy and ensure that there is a clear reporting procedure in place with support offered for complainants.  ACAS is now advocating a zero-tolerance policy; encouraging employers to do all that they can to foster a workplace culture where employees feel safe to report any unwanted sexual advances.  

What Lessons Can Employers Learn from Recent Legal Cases? 

Coincidently, recent headlines in the Irish Legal News and The Irish News report on a settlement between an employer and an employee who was sexually harassed at a work Christmas lunch in 2022. The pertinent timing of this £36,000 settlement serves as a stark reminder that a lackadaisical approach to sexual harassment can prove costly for employers, who also run the risk of a tarnished reputation. It can’t be a surprise, that this year is expected to see a reported 75% decline in the sale of mistletoe from previous years. According to reports in the Telegraph, the Victorian custom is fading; a cheeky ‘peck’ under the mistletoe at a Christmas party is now a distant memory as workers fear being accused of abuse.  

Why Is a Risk Assessment Important Before a Christmas Party? 

Whilst the Worker Protection Act does not purport the nationwide eradication of Christmas Parties, it ought to draw employer’s attention to the potential risks associated with a boozy celebration. Alcohol lowers inhibitions and blurs boundaries; this, combined with ‘getting out of the office’, companywide mingling and general end of year merriment can be a recipe of disaster. It is important that employers are mindful of possible issues and do what they can to minimise the risk. Employers should ensure employees are reminded of the appropriate standard of behaviour and that this applies at all times, be aware of the implications of potential power imbalances and be generally vigilant on the night. If anyone experiences or witnesses a conversation / interaction that feels inappropriate, make sure there is an appropriate mechanism in place for them to report it. Perhaps, best practice would be for the employer to complete a thorough risk assessment before their employees are ‘let loose’ at the Christmas party.  

What Resources Are Available to Help Employers Stay Compliant? 

To support employers in navigating these challenges, the EHRC provides practical guidance, including a technical guide on sexual harassment and an 8-step guide for preventing harassment in the workplace. By proactively addressing risks and fostering a culture of respect, employers can ensure that their Christmas celebrations remain a source of joy, not liability. 

Remember; prevention is better than proceedings! 

For further information see: 

EHRC: Sexual harassment and harassment at work: technical guidance 

EHRC: Employer 8-step guide: Preventing sexual harassment at work 

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