The festive season is a time for celebration, but it also requires vigilance and responsibility from employers. Employers now have a legal obligation to proactively prevent sexual harassment in the workplace, including at work related events such as Christmas parties. By understanding the new legislation and implementing robust policies, training, and preventive measures, employers can create a safe, respectful, and inclusive environment for all employees..
The Legal Context: Worker Protection Act 2023
The Worker Protection Act 2023 expands employer responsibilities, requiring them to take "reasonable steps" to prevent sexual harassment before incidents occur. This obligation extends to work events, such as Christmas parties, and includes harassment by colleagues, customers, or other third parties. Failing to act proactively can result in legal liability and reputational damage.
What the Law Requires
Employers must:
Develop Clear Policies: Have a comprehensive anti-harassment policy that applies to all workplace activities and events. Ensure managers understand how to utilise and enforce the policy.
Provide Training: Equip employees and managers with the tools to recognize, prevent, and respond to harassment.
Foster a Safe Reporting Culture: Encourage employees to report concerns without fear of retaliation.
Take Proactive Measures: Implement practices to reduce the risk of harassment at events, such as assigning trained observers or limiting alcohol consumption.
Common Scenarios of Sexual Harassment
The policy document defines sexual harassment as unwanted conduct of a sexual nature, including but not limited to:
● Sexual comments, jokes, or gestures.
● Inappropriate touching or advances.
● Sharing explicit images or messages via social media or other channels.
● Staring, leering, or other intrusive behaviours.
These behaviours are unacceptable whether they occur at the workplace, during work-related events, or even on social media between colleagues.
How Employers Can Prepare for Christmas Parties
1. Set Clear Expectations
Before the event, and throughout the year, remind employees of your zero-tolerance policy on sexual harassment. Clearly communicate that workplace rules apply to all work-related events, including parties. Ensure that your expectations are clearly communicated to all staff including the potential consequences for failing to adhere to company policies.
2. Develop and Share a Policy
Ensure your anti-harassment policy includes:
Definitions of sexual harassment and examples.
Reporting procedures for informal and formal complaints. This will usually follow your grievance procedure.
Guidelines for behaviour at workplace events. Ensure your policy is accessible to all staff and encourage staff to ask questions if they need clarification on anything.
3. Train Your Managers
Managers should be equipped to:
Recognise early signs of inappropriate behaviour.
Intervene and de-escalate situations if necessary.
Handle complaints professionally and sensitively.
During the Event: Real-Time Measures
Monitor Behaviour: Assign managers or designated individuals to discreetly observe interactions and step in if necessary.
Manage Alcohol: Limit open bar access and encourage responsible drinking to minimise the risk of lowered inhibitions.
Encourage Inclusivity: Plan activities that cater to diverse preferences and avoid themes or practices that might alienate or offend.
After the Event: Follow-Up and Reporting
Create a safe environment for employees to report concerns after the event. A supportive approach includes:
Confidential channels for reporting harassment.
Timely and thorough investigations.
Mediation and support services, if appropriate.
Third-Party Harassment
Under the new legislation, employers must also address harassment by third parties, such as clients or customers. Steps to mitigate third-party harassment include:
Adding signage or verbal warnings at events to emphasise zero tolerance for harassment.
Including anti-harassment policies in supplier or client agreements.
Taking action, such as banning individuals who engage in harassment, and reporting criminal behaviour to authorities
Building a Zero-Tolerance Culture
As emphasised by Acas Head of Inclusive Workplaces, Julie Dennis:
"Sexual harassment is unacceptable at work or anywhere else. We want everyone to understand this, and we are urging employers to take a proactive approach to stamping it out."
Creating a culture of zero tolerance involves:
Regularly reviewing and updating policies.
Providing refresher training to reinforce expectations.
Leading by example, with senior staff demonstrating respectful behaviour at all times.
The Benefits of Proactivity
Proactive measures not only protect employees but also:
Enhance trust and morale within the organisation.
Reduce legal and reputational risks.
Demonstrate the organisation’s commitment to equality and respect.
Take Action Now
The Christmas party is a perfect opportunity to show your commitment to fostering a safe and inclusive workplace. By implementing preventive measures and adhering to the Worker Protection Act, employers can ensure the festive season is enjoyable for all, free from the risk of misconduct or harm.
Need help creating or updating your sexual harassment policy? Contact us for expert HR support and resources to ensure compliance and workplace safety.
Email: info@lilachr.co.uk
Web: www.lilachr.co.uk
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