Jingle all the way (safely): navigating office parties under the new Worker Protection Act

With the festive season once again upon us, and in-light of the Worker Protection Act amendment to the Equality Act 2010, what steps do you need to take to ensure all employees have a happy and safe Christmas party?

The new Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into force on 26 October 2024, introduced major changes that impact how employers should approach work-related events, including your Christmas do. Here’s what you need to know to ensure a safe and enjoyable experience for all.

What is the Worker Protection Act?

Let’s start with diving into what the Act means for you as an employer:

• Employers now have a duty to take “reasonable steps” to prevent sexual harassment, including at work-related events. This means being proactive in ensuring a safe environment for all employees, even outside of the normal working hours.
• Employers can be held vicariously liable for acts of sexual harassment that occur during work-related events, even if these take place outside the workplace. This includes Christmas parties, where alcohol and informal settings can sometimes lead to inappropriate behaviour.
• To mitigate risks, employers might implement measures such as limiting alcohol consumption (e.g. providing a set number of free drinks), clearly communicating acceptable behaviour beforehand, and ensuring that grievance and disciplinary procedures are well understood and accessible.
• While it’s important to maintain the festive spirit, employers need to strike a balance by ensuring that all employees feel safe and respected. This might involve setting clear expectations and providing training on appropriate conduct.

Overall, the new Act emphasises the importance of creating a safe and respectful environment, even during celebrations. If you have any specific concerns or need advice on how to prepare for these changes, it might be helpful to consult with an employment law specialist.

What are some examples of ‘reasonable steps’ employers should take?

Employers can take several ‘reasonable steps’ to prevent sexual harassment in the workplace, especially considering the new Worker Protection Act. Here are some examples:

• Develop and enforce a clear anti-harassment policy that outlines unacceptable behaviours and the consequences of such actions.
• Provide regular training for all employees and managers on recognising, preventing, and responding to sexual harassment.
• Establish confidential and accessible reporting systems for employees to report incidents of harassment without fear of retaliation.
• Conduct regular risk assessments to identify potential harassment hotspots, such as work-related social events or environments where alcohol is consumed.
• Offer support to victims of harassment, including counselling services and clear procedures for handling complaints.
• Promote a workplace culture that emphasises respect and inclusivity, making it clear that harassment will not be tolerated.
• Regularly review and update policies and procedures to ensure they remain effective and relevant.

Taking these steps can help create a safer and more respectful work environment, reducing the risk of harassment and ensuring compliance with the new legal requirements.

How can I train my team effectively on preventing harassment?

Training your team effectively on preventing harassment involves a combination of clear communication, engaging training methods, and ongoing support. Here are some steps you can take:

1. Develop comprehensive training programmes: Create or adopt training programmes that cover all aspects of harassment, including definitions, examples, and the impact on individuals and the workplace. Ensure the training is interactive and includes real-life scenarios to help employees understand the material better.
2. Regular and mandatory training: Schedule regular training sessions for all employees, including new hires and existing staff. Make these sessions mandatory to ensure everyone is aware of the policies and procedures.
3. Tailor training to your workplace: Customise the training to address specific challenges and needs within your organisation. This can include industry-specific scenarios or addressing issues that have arisen in your workplace.
4. Engage leadership: Ensure that managers and supervisors receive additional training on how to handle complaints and support employees. Leadership should model respectful behaviour and take an active role in promoting a harassment-free environment.
5. Provide clear reporting mechanisms: Educate employees on how to report harassment and ensure they know that their complaints will be taken seriously and handled confidentially.
6. Use various training formats: Utilise different training formats such as in-person workshops, online courses, and interactive modules to cater to different learning styles.
7. Evaluate and update training: Regularly review and update your training programmes to ensure they remain relevant and effective. Gather feedback from employees to identify areas for improvement.

By implementing these strategies, you can create a safer and more respectful workplace. If you need specific training resources or further assistance, there are many online platforms and professional services that offer tailored harassment prevention training.

Do you have any concerns or areas you’d like to focus on in your training?

Speak to the policy team for more information relating to the Worker Protection act and sexual harassment policies. About to organise a Christmas do of your own? Check out our webinar on parties and policies, where we discuss how to ensure your team’s safety and wellbeing during the event.