The festive season is fast approaching, and while it’s a time for celebration, it’s also a time to stay vigilant. The Sexual Harassment (Workplace Protections) Act 2024 is still very much in force, and employers need to be mindful of their ongoing responsibilities – especially during office parties and social events.
Here’s a quick reminder on how to minimise the risk of employment tribunal claims:
1. Preventing Harassment Is Your Ongoing Duty
Since the 2024 update, employers have had a clear obligation to proactively prevent harassment, not just respond to complaints. This includes events like Christmas parties, even though they happen outside regular office hours.
What it means for you: If harassment happens during your party and you haven’t taken reasonable steps to prevent it, you could be held liable. Make sure you’re staying compliant with these ongoing duties.
2. Set Expectations Early and Clearly
The line between a fun event and inappropriate behaviour can be thin. Clarify your expectations with employees and address potential grey areas like physical contact, inappropriate jokes, or unwanted advances before the party. Ensure they understand what constitutes unacceptable behaviour, even in a relaxed, social setting.
What it means for you: Be explicit in communications about what constitutes unacceptable behaviour at social events. A simple pre-party reminder about the standards you expect can help set the tone and prevent uncomfortable situations.
3. Post-Party Socialising? You’re Still Responsible
Even if the official event ends, your responsibility doesn’t necessarily stop there. If the party continues informally, you could still be liable for any harassment that occurs.
What it means for you: Set an official end time for the party and gently remind employees that their behaviour should still reflect your company values, even after the party ends.
4. Confidentiality Is Key for Complaints
Under the current law, confidentiality is essential when handling harassment complaints. Mishandling this can lead to legal consequences, such as claims of discrimination or victimisation.
What it means for you: Ensure complaints are handled discreetly and professionally, and that employees feel safe coming forward with concerns.
5. Training Isn’t Just for New Hires – It’s Ongoing
The Sexual Harassment Act requires employers to foster a culture of respect across the board all year-round. This means ongoing training for all staff on harassment prevention and ensuring they understand the boundaries of acceptable behaviour.
What it means for you: Don’t let training slide. Schedule regular training sessions, especially before any company events, if you can. Make sure your team understands the boundaries of appropriate behaviour before the holiday party.
6. Act Fast – Don’t Wait on Complaints
When harassment happens, acting fast is crucial. The law requires employers to respond promptly and effectively to complaints. Any delay could increase the risk of escalation – and potential legal action.
What it means for you: Be ready to investigate and address any complaints quickly. Consistent, fair action shows that your company is serious about preventing harassment.
The Bottom Line: Plan Ahead to Protect Your Business
As we head into the holiday season, remember that the Sexual Harassment (Workplace Protections) Act 2024 remains in effect. This means you have a continuing obligation to prevent harassment, promote a respectful culture, and take swift action when necessary. A proactive approach now can save you from major headaches later down the line.
Keep your festive season enjoyable by following these simple steps to stay compliant and avoid legal pitfalls. Please contact our Employment team for further guidance.
