This year’s Christmas party arrives with a new legal backdrop: the Worker Protection (Amendment of Equality Act 2010) Act 2023 (the Act), which introduced a proactive duty on employers to take ‘reasonable steps’ to prevent sexual harassment.
What should you do?
Before the party
1 Assess the risk
The Act expects employers to anticipate where harassment could occur and take steps to prevent it. Look at venue layout, lighting, alcohol and any isolated spaces. If the dance floor is effectively a dark maze, reconsider.
2 Reissue expectations
A short, friendly reminder about the behaviour you expect. Link it back to your anti-harassment policy, as this helps to show you have taken reasonable steps. Avoid lectures; aim for clarity.
3 Train the managers
Managers should recognise inappropriate behaviour and know when to intervene. Under the duty, turning a blind eye now carries more legal weight.
4 Mitigate power imbalances
Senior-junior interactions are a known risk factor. Encourage leaders to behave appropriately. The law does not change for parties.
5 Address third-party risk
Consider risk from outside your organisation, such as clients, contractors and other guests using the venue. Confirm the venue has its own protocols for managing misconduct.
During the party
6 Moderate alcohol
Alcohol can affect judgement. The law does not require you to monitor units, but offering food, pacing drink service, and having non-alcoholic options will help.
7 Maintain visible leadership
A positive, calm presence by leaders supports a respectful culture. You do not have to hover, but try to be available.
8 Intervene
If behaviour breaches your standards, act. It will not sort itself out. Intervene promptly and discreetly.
After the party
9 Invite feedback
Encourage staff to report anything that made them uncomfortable. Under the Act, a lack of reporting does not mean a lack of responsibility.
10 Respond promptly
If a concern arises, follow your procedures promptly. Delay weakens your position. A timely response shows you are meeting the preventative duty in spirit and practice.
The Worker Protection (Amendment of Equality Act 2010) Act 2023 signals a shift: prevention first, correction second. With thoughtful planning and responsive leadership, you can have a safe, enjoyable event while meeting your legal obligations.
