Sexual harassment at work can happen at any time. Risk can be heightened during the festive season, with workplace Christmas parties meaning staff socialising outside of work at night, often while drinking alcohol.

The Worker Protection Act 2023 preventative duty means employers must take reasonable steps to protect their staff from being sexually harassed at work – whether they are attending a work Christmas party or working at one.

Workplace parties are opportunities for colleagues to come together to celebrate the festivities and their hard work over the year. If you’re an employer, you don’t need to cancel your Christmas activities to comply with the law, but you do need to take steps to address the possibility of sexual harassment occurring.

Here are the Equality and Human Rights Commission’s top three steps employers should take as this year’s festivities begin:

1) Think ahead to prevent problems

Think about the risks that could arise at social events:

• Alcohol: Alcohol lowers inhibitions and can lead to inappropriate behaviour. Consider what limits you can put in place.
• Overnight stays and travel: For events involving travel or an overnight stay, ensure accommodations is safe and appropriate. Make clear that the same standards of behaviour apply at all times, not just during the event itself.
• Power imbalances: Are senior staff mingling with junior colleagues? Is there a predominantly male workforce? Make sure all employees know the behaviour expected of them.

2) Set expectations early and remind employees of company policies

• Ahead of social events, ensure employees know what sexual harassment in the workplace looks like. Remind staff what to do if they witness or experience sexual harassment. Make sure they know how to challenge and report any instances. And remind them of the standard of behaviour that is expected of them, whether you have arranged the event or if it’s an informal social get-together.

3) Consider the risk of third party harassment

• Employers must take steps to protect their staff from harassment by customers, members of the public or other third parties. While party plans are being developed, consider if there are risks of sexual harassment from individuals outside of your organisation. Awareness of these risks may help you to decide on safer locations, activities or other aspects of the event which help to protect staff. Communicate your organisation’s expected standards of behaviour to relevant third parties.

For more advice, read our guidance to make sure you are taking the necessary steps to fulfil these legal obligations.

• In September the EHRC published updated Sexual harassment and harassment at work - technical guidance
• The EHRC also updated its short 8-step guide for employers on sexual harassment in the work place.