As the season for annual office Christmas parties kicks-off, employers are being warned to remember new responsibilities on them brought in by the recent additions to the Equality Act.
“The Duty Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force on 26 October 2024, and requires employers to take reasonable steps to prevent sexual harassment of their workers,” explains Emma-Louise Hewitt, Head of the Employment Law team at law firm Sydney Mitchell, which provides employment law advice and solutions to local and national businesses.
“Previously there was no proactive obligation on employers, but they are now required to actively consider the risks of sexual harassment happening in their workplace and take active steps to prevent harassment.
“Ahead of this year’s Christmas Party season, all employers should ensure they have the relevant policies and procedures setting out the expectations on standards of behaviour for all staff, both in the office and at work related functions including the office Christmas party,” Emma-Louise says.
“They should also ensure they are up to date on their responsibilities in relation to parties or events they organise or sponsor to mark the festive season, especially given that this obligation also extends to third parties.
“To avoid any non-compliance with the law, employers should remind employees and anyone else attending the work Christmas party celebrations of the Company Policies and Procedures governing their behaviour and expectations. Employees should also be reminded that the Christmas party is organised by their employer, and so they should adhere to the expectations of their employer. All of this can be set-out in a short pre-party email to outline and remind employees of the expected standards.
“It may seem a tad draconian and Scrooge-like, but taking this approach could save an employer a lot of stress and financial risk. After all, it is the employer who will have to answer for the actions or risks to welfare of the employees at the event, and Employment Tribunals are often tasked with ruling on whose been ‘naughty or nice’ at the office Christmas party.”
Equality Act 2010
Under equality law, employers have a positive legal duty to take reasonable steps to prevent sexual harassment of their employees. The Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature which has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
This responsibility is known as the preventative duty, and is designed to improve workplace cultures by requiring employers to anticipate how sexual harassment might happen in their workplace and take proactive reasonable steps to prevent it happening. If employers do not comply, they are breaking the law.
If an employer fails to take reasonable steps, the Equality and Human Rights Commission can take enforcement action.
Sexual Harassment
Following the implementation of the Duty Worker Protection as part of the Act, employers are required to take ‘reasonable steps’ to prevent sexual harassment of their employees. These could include:
- Having a clear and specific policy on sexual harassment.
- Providing training for all employees.
- Considering what third parties your employees might be in contact with.
An employers failure to act leads to an increased risk of an employment tribunal, with increasing compensation if an individual’s claim of sexual harassment is successful.