Do new laws mean the end of the Christmas party?

The EHRC lists alcohol consumption and expectations to socialise out of work as risk factors for sexual harassment, while the House of Commons Sexism in the City report found that “many of the worst cases of sexual harassment took place outside the office, happening, for example, at conferences and drinks events.” But cancelling celebrations can risk damaging morale and missing an opportunity for team-building. 

 

Employers’ current duty is to take reasonable steps to prevent sexual harassment occurring (the Employment Rights Bill is likely to change this, but not for a while). Is cancelling Christmas a ‘reasonable step’? We’ve reconsidered the EHRC suggested steps in light of Christmas parties, to see if they can help employers plan a Christmas party that meets legal obligations. 

 

 

When developing your policy, include a caution that it applies to all work-related events, and remind staff that harassment will not be tolerated between employees in any setting. 

 

 

Ask your staff if they see any problems with your usual celebrations. Events that centre around drinking can exclude people, due to religious beliefs, health concerns or pregnancy. It is also reported that younger generations are drinking less than those before them, with many preferring sober activities. 

 

Ask for suggestions of alternatives they would enjoy. In large organisations, you could give departments a budget to plan their own events, tailored to their own requirements. 

 

 

As alcohol is a risk factor for harassment, it might be best not to centre celebrations around drinking. This does not have to mean banning alcohol – but consider ways to prevent excessive drinking. Many firms are moving away from drinks and food towards festive activities. You could try games like crazy golf, festive crafts, or cooking classes. 

 

The EHCR guidance also lists working at night and socialising out of hours as risk factors. Rather than party through the night, consider holding your celebration in work hours. Finishing at the normal time (or before) will mean staff can stick to their usual arrangements for getting home safely. This is also more inclusive for people with family and caring responsibilities. 

 

Some companies have even appointed designated drivers or chaperones. 

 

 

Will staff feel able to come forward if something does happen? Reassure staff that you will take all incidents seriously, whether or not they had been drinking or socialising with the other person. You could ask HR to ensure they are available to staff the day after the party, and more visible around the office. 

 

 

Like your policies, your training should remind staff that the law applies to work-related events. Remind them that, while you want them to have fun, they must be respectful towards each other and look after each other at such events. 

 

 

The usual mechanisms should apply here. Take extra care not to make employees reporting harassment feel judged or blamed for the incident. 

 

 

This can be tricky when events are in busy public places. Consider holding your event in a private venue, or at least a segregated ‘VIP’ area. A benefit of festive games and classes is that they are likely to be in a designated studio or private environment. 

 

Afternoon events may be less busy, and staff are less likely to encounter third parties who have over-indulged. 

 

 

Ask for feedback about the event and ways to improve it for next year. If your party causes problems every year, then cancelling it altogether could be a reasonable step. 

 

 

Employers have a duty to take reasonable steps, not extreme measures. If you can take reasonable steps to make your celebrations safe, there is no reason you have to cancel Christmas.