Can we still enjoy our Christmas parties? 

Black Friday is gone, and so has Cyber Monday, and we are left with panic-present shopping and works’ Christmas parties. 

Employers may be concerned about working hours lost whilst employees indulge in the first two but this year it’s the last one that should be occupying their thoughts.

Can we meet our new mandatory duty to prevent sexual harassment AND hold a Christmas party?

Our advice would be that they are not mutually exclusive BUT employers will need to add an extra layer of planning and preparation. 

Reminder about the mandatory duty

Since 26 October 2024, employers have been under a mandatory duty to take reasonable steps to prevent sexual harassment in the workplace. This includes harassment by third parties. The key to this new duty is that it is a preventative duty. (For more information read our blog.)

What extra steps should you be taking? 

Before the event

• Risk assessments – given the EHRC guidance on the mandatory duty, a risk assessment is non-negotiable. Identify the risks – some may be obvious – and the measures taken to minimise those risks or mitigate the effects. 
  • Example risk – alcohol. If you are giving away alcohol, are you offering non-alcoholic alternatives, are you limiting it through specific timings on it being served or issuing tokens etc to encourage moderation? Have you asked the venue to inform you if they should see anyone who they think has drunk too much and should be helped home? 
  • Example risk – a venue with low lighting and ‘hidden corners’. Have you put in place safeguards to ensure that bad behaviour cannot be hidden? This may be something to consider in 2025 when booking your venues. 
  • Example risk – transport to the venue. How will the staff get to the venue, and could that be a risk if colleagues are in cars together? Providing transport whilst an expense will reduce the risk of any harassment occurring in individual cars. 
• Key messages to staff - the key to this process is communication – getting the message across, putting in the safeguards in a way that brings staff with you rather than leaving them behind muttering about the ‘fun police’. As the saying goes, 'a leader takes people where they want to go. A great leader takes people where they don't necessarily want to go, but ought to be'. It’s good to be creative in how you bring staff in – a rather serious headteacher-type email reminding staff that whilst they need to have fun but must behave themselves is not going to help. Managers who are willing to chat it out with their teams or short blog posts on an intranet or reminders on payslips may be more effective. On any invite to the event, make clear the start and finish time and if necessary, arrangements for food and drink. 

During the event

• Follow the risk assessment – there is little point in drafting the risk assessment if come the night of the party everyone forgets it! 
• Make sure staff who are allocated tasks in accordance with the risk assessment understand their role and responsibilities and have been trained. For example – if managers are tasked with removing staff who are behaving badly and/or drunk, do they know the best way of doing that without escalating the situation? 
• Make sure your organising team continue through the night to have a good relationship with the venue team – keep checking in on alcohol consumption and behaviours.
• Will staff who will be on ‘duty’ during the night, have some other time when they can relax and enjoy themselves – the temptation to step away from their roles at the event will be that much stronger if they don’t have some time to do that. 
• Have a clear way to signal to staff that the event is over – consider what that might look like. 

After the event

• Analyse your risks – while it always takes us by surprise, Christmas happens every year and a wise employer will learn from this year’s risk assessment and use it for 2025. Look to see whether the risks you identified materialised and if so, did the measure outlined mitigate them? Or were there risks that you didn’t identify which proved serious? If that is the case, ensure they form part of next year’s assessment. It would be hard to argue that you took reasonable steps to avoid risk if you cannot demonstrate you have learnt from previous mistakes. 
• Listen not blame culture – ensure that staff understand that they will be listened to should they report anything that happened to them or their colleagues during the event.  It should be clear that all reports will be taken seriously and investigated, and steps will be taken that are appropriate, measured and seek to keep staff safe. 

It’s not just for Christmas…

Clearly, a lot of what has been covered here is, like the puppy, not just for Christmas but for all year round. 

Regular training on sexual harassment and what behaviours are not tolerated by the organisation is key so that behaviours at a party, be that Christmas or any other time of year, are in line with that culture.  

Clear reporting policies for staff and an understanding of how to access those are again part of the organisation’s culture throughout the year.

Risk assessments of daily working life are important, especially in light of the need to address the risks of third-party harassment. They are not something just to be bought out when alcohol or partying is involved – they are now part of the ongoing HR landscape. 

If you would like advice on implementing the mandatory duty to prevent sexual harassment and/or key policies and documentation (including risk assessments) please contact our head of our employment and pensions team,  anna.dabek@antonycollins.com. 

*note that this blog does not address other potential discriminatory aspects of social events but focuses on the new mandatory duty to prevent sexual harassment.