How to navigate Christmas parties under the new Worker Protection Act
When planning this year’s festive parties, employers must navigate additional legal complexities.
The festive season is upon us and many businesses across the country are gearing up for their annual Christmas parties, a much-anticipated chance for colleagues to unwind, socialise and celebrate the year’s successes.
However, while these gatherings bring holiday cheer and camaraderie, they can also give rise to significant HR challenges, particularly in informal settings where alcohol may lower inhibitions and blur professional boundaries.
This year, employers must navigate additional complexities introduced by the Worker Protection (Amendment of Equality Act 2010) Act 2023, which imposes stricter responsibilities. Designed to create safer workplaces, the legislation places a proactive duty on employers to ensure their events are free from harassment. Here are some key considerations for how businesses can manage their Christmas parties under the new act.
Understanding the changes
A critical element of the Worker Protection Act, which came into effect on 26 October 2024, is the introduction of an ‘anticipatory duty’. This duty requires employers to take reasonable steps to prevent harassment in the workplace, including at work-related events such as Christmas parties.
One notable aspect of the new law is the requirement to address third-party harassment. Employers are now responsible for ensuring that external guests – such as clients, contractors or vendors – do not harass employees. Ignorance is no longer a defence; failing to take proactive measures could result in legal liabilities and reputational damage. Under the new law, the employment tribunal can now increase compensation awards for sexual harassment claims by up to 25% if the employer fails to demonstrate that reasonable preventative measures were in place. This makes proactive planning essential for any employer hosting festive events.
Risk assessment tips
Effective planning and risk assessment are essential to ensuring a safe and enjoyable event. By identifying potential risks in advance, employers can take steps to mitigate them.
Here’s how to conduct a comprehensive risk assessment:
- Choose the right venue: select a location that aligns with your company values and is accessible to all employees, including those with disabilities.
- Encourage inclusivity: ensure the event theme and activities respect the cultural and religious diversity of your workforce.
- Manage alcohol responsibly: offer non-alcoholic options and consider limiting free-flowing alcohol. Drink vouchers or gentle reminders can encourage responsible consumption.
- Review guest lists: If external attendees are invited, ensure that the guest list is appropriate and work-focused, to minimise risks of inappropriate behaviour.
- Set clear timelines: establish a clear start and end time for the event. This helps maintain professionalism and prevents post-event issues.
- Plan safe transport: Provide safe travel options for employees, particularly if the venue is remote. Consider organising transport or recommend nearby accommodation to avoid risks such as drink driving or walking home alone late at night. Conducting a pre-event survey can help identify attendees needing assistance to get home safely.
Proactive measures for compliance
Compliance with the new legislation requires more than ticking boxes; take proactive, meaningful steps to prevent harassment, fostering a workplace culture of respect and accountability. Here’s how employers can prepare before, during and after the party:
Before
- Communicate behaviour expectations: circulate a clear, positive reminder that the party is an extension of the workplace. Highlight acceptable conduct while maintaining the festive mood.
- Educate attendees: define harassment (both verbal and physical), such as unwelcome comments about clothing or appearance and emphasise the consequences of misconduct, including potential disciplinary action or dismissal.
- Train managers: equip managers with the skills to identify and address inappropriate behaviour discreetly and effectively.
During
- Designate responsible staff: assign approachable, sober individuals to monitor the event and handle any concerns.
- Monitor interactions, especially where alcohol is involved. Intervene early to de-escalate tensions.
- Encourage reporting: the responsibility doesn’t end when the party is over. Make it clear that employees can report any incidents confidentially and without fear of retaliation.
- Investigate promptly: address any complaints seriously and in line with company policy. Prompt action shows employees that their safety is a priority.
While the new legislation adds some pressure, it doesn’t mean that the festive spirit needs to be dampened. By planning ahead, communicating expectations, and fostering an inclusive, safe environment, employers can host successful Christmas parties that are both compliant with the law and memorable for all the right reasons.
By Nkolika Ohaegbu, legal director, head of legal advisory services, Rradar
