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The festive season brings office celebrations, but employers must be mindful of their legal obligations under workplace protection laws. The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces a statutory duty requiring employers to take reasonable steps to prevent sexual harassment in the workplace.
The Christmas Party Risk
As we approach the 2025 festive season, employers should anticipate that sexual harassment claims arising from Christmas celebrations may emerge in early 2026. Whilst many organisations believe their experience has equipped them to host safe workplace events, Christmas parties remain high-risk environments for harassment. The combination of alcohol consumption, lowered inhibitions, and employees' tendency to forget that work social events constitute an extension of the workplace creates conditions where inappropriate behaviour can occur. Crucially, measures that satisfied legal requirements in previous years may no longer be sufficient under the new legislative framework.
Understanding the New Duty
The Act imposes two key obligations on employers. First, they must take reasonable steps to prevent sexual harassment by their own workers. Second, they must take reasonable steps to prevent third-party harassment of workers by individuals such as clients, customers, and other external parties. The legislation establishes an objective standard: courts will assess whether the employer's actions were reasonable in the circumstances. Importantly, employers are unlikely to satisfy this duty without conducting appropriate risk assessments.
Practical Steps for Christmas Events
When planning festive celebrations, employers should undertake event-specific risk assessments. This involves considering potential incidents during and after the party, examining power dynamics between staff members, and evaluating the appropriateness of senior personnel socialising with junior team members, particularly where alcohol is served.
Employers must clearly communicate behavioural expectations before the event. Despite increased awareness, significant misunderstandings persist in many workplaces regarding what constitutes sexual harassment. Clear guidance is essential.
Additional practical measures include ensuring adequate provision of non-alcoholic beverages and establishing anonymous reporting mechanisms for concerns—including real-time reporting options during the event itself. Employees and workers often avoid raising formal grievances due to concerns about awkwardness, lengthy procedures, or potential retaliation, making accessible reporting channels particularly important.
Ongoing Compliance
The statutory duty extends beyond individual events. Employers who have already held their 2025 Christmas parties must maintain ongoing duties and implement continuous preventative measures.
The Equality and Human Rights Commission (EHRC) has published valuable guidance, including an 'Employer 8-step guide: Preventing sexual harassment at work'. The EHRC also provides practical templates, including a checklist, action plan, and monitoring log to assist employers in meeting their obligations.
Though originally designed for the hospitality sector, these templates are adaptable across industries. The checklist integrates into the action plan, demonstrating how new sexual harassment policies can align with existing organisational frameworks. The monitoring log tracks implementation progress and evidences active policy maintenance rather than mere compliance exercises. The EHRC recommends detailed quarterly reviews to assess the effectiveness of preventative measures and any remedial actions taken.
Conclusion
The enhanced legal framework represents a significant development in workplace protection. Employers must adopt proactive strategies to prevent sexual harassment at workplace social events, including Christmas parties. Those who fail to take reasonable preventative steps risk both legal liability and reputational damage. By implementing comprehensive risk assessments, clear communication protocols, and robust monitoring systems, employers can create safer workplace environments whilst allowing employees to enjoy seasonal celebrations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
