🎄 The Christmas Party: Fun vs. Legal Liability (and the New Proactive Duty)

The festive season is upon us, and while the work party is a great way to celebrate success, it is also a high-risk environment for employee relations and legal compliance. Since October 2024, the Equality Act 2010 (EqA) has placed a proactive duty on every employer to take reasonable steps to prevent sexual harassment. This duty and your liability extends to the party itself, and the afterparty.

Here is our strategic breakdown of what has changed, what it means for your business, and our non-negotiable advice for the coming weeks.

What’s Changing? 🚨

The key change is the shift from reactive management (dealing with a complaint after it happens) to proactive prevention (mitigating the risk before the event).

• The Proactive Duty: Employers are now legally required to identify risks of sexual harassment, and implement reasonable steps to mitigate and prevent it. This goes beyond having a policy; it requires action.

• Vicarious Liability is Broad: The employer is responsible for sexual harassment carried out by staff "in the course of employment." At Christmas, the "course of employment" extends to the organised event and any subsequent afterparties where colleagues continue the celebration.

• Enforcement Risk: The EHRC can now issue legally enforceable Section 23 Agreements if there's evidence of a breach of the EqA. These often mandate comprehensive, time-bound action plans that can include running staff surveys, enhancing communication plans, and increasing reporting measures.

• Future Reform (Oct 2026): Upcoming changes include making employers directly liable for third-party harassment (e.g., from a client or venue staff) and potentially strengthening the duty to "all reasonable steps."

What Does It Mean For You? ⚖️

Ignoring the risks is no longer an option—it’s a direct breach of your statutory duty.

• Heightened Liability: The party atmosphere, coupled with alcohol, significantly increases the risk of unwanted conduct of a sexual nature. Because liability is vicarious (you don't need to know about it), one incident can lead to a costly tribunal claim.

• Reputational Damage: An unresolved incident, or simply a lack of preventative action, can quickly damage your employer brand and make you a target for EHRC scrutiny.

• Mandatory Risk Assessment: You must carry out a Risk Assessment specifically for the event to identify potential issues (venue layout, alcohol policy, manager visibility) and document the preventative steps you will take.

Our Advice for You:🎯

Our advice is to treat the Christmas party like any other high-risk operational event: plan, communicate, and monitor.

1. Communicate Explicit Expectations (The Pre-Party Warning): Write to all employees (and separately to managers) well in advance. Explicitly remind them that:

   • The Sexual Harassment Policy applies to the party and any afterparties.

   • Inappropriate behaviour has disciplinary consequences.

   • Management behaviour is under stricter scrutiny.

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2. Designate Monitors and Implement Support: Appoint a small team of managers or HR staff to remain sober, monitor behaviour, and act as a discreet point of contact for issues. Proactively communicate how employees can report harassment on the night and how to access post-event support (e.g., your EAP).

   
   

3. Reduce External Risk (Travel): Encourage or facilitate safe travel arrangements (e.g., coordinating with a taxi firm). This helps manage the risks that occur after the organised event concludes.

   
   

4. Review and Survey Post-Event: Run a quick, anonymous staff survey before the party to gauge awareness of your rules, and after the party to assess if your preventative steps were sufficient and if any unreported issues arose. This demonstrates you are actively complying with the proactive duty requirement.

#christmasparty #hr #legal #employers #proactive