Overview
Hot off the press, it is reported that the BBC has pulled its MasterChef Christmas specials in light of various allegations of inappropriate conduct against presenter, Gregg Wallace. This recent development serves as an important and timely reminder for employers to proactively safeguard their employees and ensure a safe working environment, particularly as we dive into the festive season.
Over the years, research has demonstrated that claims of sexual harassment often spike following office Christmas parties. From excessive libations of mulled wine or copious consumptions of cranberry margaritas, workers’ inhibitions are naturally lowered in a more relaxed environment and in the spirit of a merry old time with colleagues.
With new protections that came into force in October 2024, employers are now required to take reasonable steps to prevent sexual harassment in the workplace. Such conduct is defined as “unwanted conduct of a sexual nature” that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for someone, regardless of their intention.
Where an employer does not comply with the preventative duty and is found to be in breach, a sexual harassment claim will certainly be the unwelcome (and expensive) lump of coal in their employer stockings this December, particularly as employment tribunals will have powers to increase compensation by 25% should an employee be successful with their claim.
What Can Employers Do?
Employers are required to take reasonable steps to prevent sexual harassment. So, what does this mean in practice?
- Clear communication: Team leaders can establish their expectations at the outset. Quite often, the same Code of Conduct applies in the office as it does outside with social events often being an extension of the workplace; a clear reminder of this in advance of any festivities may help.
- Policies and procedures: Clear and up-to-date anti-harassment policies ought to be known and easily accessible by employees. The policy ought to contain a clear definition (along with examples) on what might constitute sexual harassment, and also details on how to address and report such incidents. A lack of knowledge or understanding of what constitutes sexual harassment is often the source of unwanted conduct. Therefore, not knowing that – for example – posts of a sexual nature on social media (particularly now with the rise of AI and deepfakes) might constitute sexual harassment, can very well lead to a potential claim.
- Training: Providing up-to-date training is an effective way to take proactive action in promoting a safe environment by ensuring teams understand the importance of conducting themselves appropriately in workplace socials. Equally, issuing training to managers on how to appropriately deal with reports of sexual harassment is fundamental to taking reasonable steps, along with ensuring that support is available and accessible to those who require it.
- Location, location, location: Alternatives to the traditional Christmas socials might be worth considering by opting for day-based activities as the location of the Christmas party can often make a difference.
- Social budget: Whether a limit on a drinks tab ought to be implemented, or even re-assessed, might be a worthwhile consideration. If a generous offer of alcohol is provided, then it may be worth exploring whether transport can be arranged to enable employees to arrive home safely.
- Timings: Whilst demands and rotas of roles vary from industry to organisation, commencing the festivities earlier during the day may encourage an earlier finish, which can sometimes be conducive to more sensible decision-making.
What Does This Mean For the Holiday Season?
As recently observed, allegations of sexual harassment can have significant reputational consequences that can linger in time, not to mention the financial impact that might attach to the allegations, particularly in cases where an employee proves successful with their claim.
Further, a concoction of increased workloads and pressures to meet deadlines ahead of the Christmas break can contribute to tensions and stress within the workplace. Such ingredients can affect behaviours, choices and personal dynamics in the workplace, particularly with alcohol as a catalyst. Failure to take reasonable steps to avoid sexual harassment in the workplace can also create the added risk of damaging the overall team dynamics, which may have a long-lasting effect on the culture of the organisation.
Overall (and particularly during social events), it would be prudent for employers to implement increased measures to ensure a safe working environment amid the festive season.
