Recent research shows that nearly half (47%) of UK companies will not be holding a Christmas party this year, citing reasons such as the cost of hosting and concerns about HR issues.
With evolving worker protection laws and the increasing focus on diversity and inclusion, compliance training provider, Skillcast, urges businesses that are having a Christmas party this year to prepare.
An amendment of the Equality Act 2010, the Worker Protection Act means that companies face a greater legal responsibility to prevent harassment, consolidating the need for stronger HR preparation ahead of December’s Christmas parties.
Vivek Dodd, Director of Skillcast, shares these key areas HR teams must consider before the holiday season.
Sexual Harassment and Inappropriate Behaviour
Worker Christmas parties, while a time for celebration, can sometimes lead to unintended consequences. With alcohol often flowing, the risk of inappropriate behaviour or sexual harassment increases.
The Equality Act 2010 offers protection against harassment in the workplace, including at work-related events outside of normal working hours. Employers are legally responsible for preventing harassment and providing a safe environment for employees, even during social events.
An Emphasis on Employer Responsibility
The Worker Protection Act amendment, which came into effect in October 2024, means that employers who fail to take steps to prevent harassment may face a 25% increase in compensation awarded to victims, highlighting the importance of creating a respectful and inclusive atmosphere at all workplace events, including Christmas parties.
- Proactive Duty on Employers: Employers are now legally required to take reasonable steps to prevent sexual harassment, shifting the responsibility from reactive responses to proactive prevention.
- Scope of Responsibility: Employers must address harassment not only by staff but also by third parties such as customers, clients, or contractors.
- Guidance and Risk Assessments: Updated technical guidance from the Equality and Human Rights Commission (EHRC) recommends employers conduct risk assessments to identify and address sexual harassment risks. Reasonable steps will vary by employer size, sector, and available resources.
- Employer Recommendations: Conduct training sessions on appropriate workplace behaviour, develop or update clear policies and reporting procedures for harassment complaints and regularly review workplace environments and interactions with third parties to identify potential risks.
The October 2024 changes represent a major step towards prioritising employee safety and fostering respectful workplaces.
Managing Alcohol Consumption and Health and Safety
Employers also have a responsibility under the Health and Safety at Work Act 1974 to ensure the safety of all employees, including during social events. Overconsumption of alcohol can lead to accidents, injuries, or unsafe behaviour, creating risks for both the individual and the organisation.
Changes in Employment Law and the Impact of the Work Protection Act
Recent updates to employment law, such as the Employment Rights (Flexible Working) Act 2024, allow employees to request flexible working from day one of employment, which may affect their availability for holiday parties. Additionally, employers should remain mindful of their responsibilities under the Worker Protection Act, which focuses on employee protection from discrimination and unfair dismissal.
Discrimination and Inclusivity
With a diverse workforce, it’s important for employers to consider the cultural and religious backgrounds of all employees. Not all employees may celebrate Christmas, and holiday parties that are exclusive to one tradition can inadvertently alienate others.
The Role of Social Media
Social media can exacerbate HR issues, especially when employees post inappropriate content from a work event. Social media policies are key to curbing any potential issues that may arise at work parties.
Supporting Mental Health and Wellbeing
The holiday season can also be a difficult time for employees facing mental health challenges. Office parties may exacerbate feelings of anxiety or isolation.
Vivek Dodd comments,
We recommend that employers remind staff of their anti-harassment policies ahead of the event and ensure managers are vigilant. It’s important to maintain clear boundaries around behaviour and ensure everyone knows that the same standards that apply in the office are expected at social gatherings.
Vivek Dodd
Joanne is the editor for Workplace Wellbeing Professional and has a keen interest in promoting the safety and wellbeing of the global workforce. After earning a bachelor's degree in English literature and media studies, she taught English in China and Vietnam for two years. Before joining Work Well Pro, Joanne worked as a marketing coordinator for luxury property, where her responsibilities included blog writing, photography, and video creation.
