Employers’ duties enhanced to tackle sexual harassment in the workplace

Christmas party season is looming and this year, employers should be mindful of their responsibilities for the welfare of their staff with the introduction of a new duty of preventing sexual harassment.

With alcohol flowing and social workplace boundaries at risk of blurring, work-related social events, such as Christmas parties, can impair judgement and create opportunities for misconduct to occur. Thrings Associate Laura Shermon delves into what employers need to know about their responsibilities in tackling the situation:

New duty for employers

The Worker Protection (Amendment of Equality Act 2010) Act 2023, which has been effective since 26 October this year, places a legal duty on employers to take proactive and reasonable steps to prevent sexual harassment in the workplace. This includes work-related events like Christmas parties, or even third-party events which employees may attend as part of their role such as business development or networking events.

While employees cannot yet bring a standalone claim for third party harassment, employers should note that guidance from the Equality and Human Rights Commission (EHRC) makes it clear that this new duty extends to requiring employers to take reasonable steps to prevent the sexual harassment of employees by third parties, such as clients or customers.

If an employee successfully claims sexual harassment, Tribunals will consider whether the employer has met this preventative duty. Failure to comply could result in an uplift in compensation of up to 25%.

Practical Steps

To ensure work-related social events are enjoyable and compliant with the new legal duty, businesses should take steps to create a safe environment for employees to socialise. This includes:

Carrying out a risk assessment

• Look at any issues from previous events to identify patterns or areas of concern;
• Encourage managers to flag any underlying team tensions or dynamics that could pose risks;
• Consider how the setting, activities, and guest list might influence behaviour. For example, will alcohol be served or will any third parties be in attendance.

Setting clear expectations

• Before the event, remind employees of the organisation’s code of conduct and relevant internal policies (i.e. anti-bullying and harassment policies, sexual harassment policies and grievance procedures), and that work-related events are extensions of the workplace;
• Ensure employees know how and where to report concerns, including anonymous options if available. Make it clear that any reports of harassment will be taken seriously and handled appropriately.

Providing training

• Offer training for all staff on recognising and addressing inappropriate behaviour;
• Equip managers to intervene effectively if they witness misconduct at the event.

If any incidents do take place employers should take immediate action and implement steps to prevent them from happening again.

Achieving a balance

The new preventative duty is about proactively anticipating risks of sexual harassment and taking reasonable steps to address them. Failing to take adequate steps can have significant legal and financial consequences, including increased compensation awards.

For employers, therefore, there is a balance to be achieved. By setting clear expectations and standards of behaviour in advance, employers can create a respectful and professional environment without diminishing the fun of social events.

Thrings’ Employment lawyers are experienced in dealing with business matters that affect the workforce including managing risk and has acted for both employers and employees from start-ups and SMEs all the way to multinational corporations across a wide range of employment matters. Get in contact to find out how they can help strengthen your polices and solve your disputes.