Skip to content

EHRC GUIDANCE PARTIES

02/01/2025

EHRC GUIDANCE: NEW SEXUAL HARASSMENT LAW AND WORKPLACE CHRISTMAS PARTIES: WHAT EMPLOYERS NEED TO KNOW

On 11 December 2024, the Equality and Human Rights Commission (EHRC) published guidance aimed at assisting organisations in complying with the new positive duty on employers to prevent sexual harassment at Christmas parties. Although the guidance states it is specific to Christmas parties, it can be applied to any work-related event.

Background

In Great Britain, a positive duty to prevent sexual harassment came into force on 26 October 2024. To accompany this new duty, the EHRC updated its technical guidance on Sexual harassment and harassment at work: technical guidance and released an Employer 8-step guide: Preventing sexual harassment at work

This New sexual harassment law and workplace Christmas parties: What employers need to know is intended to supplement those Guides.

EHRC’s Top 3 Steps for Preventing Sexual Harassment During Work Parties

The EHRC has outlined three essential steps that organisations should take to prevent sexual harassment and ensure a safe environment for all employees.

  1. Think Ahead to Prevent Problems and Risks
  • Alcohol: Recognize that alcohol can lower inhibitions and lead to inappropriate behaviour. Consider setting limits on alcohol consumption at events.
  • Overnight Stays and Travel: Ensure that accommodation arrangements are safe and appropriate. Communicate that the same standards of behaviour apply at all times, not just during the event itself.
  • Power Imbalances: Be mindful of the dynamics between senior staff and junior colleagues, and consider the gender composition of the workforce. Address potential issues proactively.
  1. Set Expectations Early and Remind of Company Policies
  • Define Sexual Harassment: Ensure employees understand what constitutes sexual harassment in the workplace.
  • Reporting Procedures: Remind staff about the procedures for reporting and witnessing sexual harassment.
  • Behaviour Standards: Reinforce the standard of behaviour expected at both company-arranged events and informal social gatherings.
  1. Consider the Risk of Third-Party Harassment
  • Risk Assessment: Complete a risk assessment during the planning stages of the event to identify potential hazards.
  • Safer Locations and Activities: Use the risk assessment to choose safer locations and activities that minimize the risk of harassment.
  • Communication: Clearly communicate your organization’s expected standards of behaviour to staff and any relevant third parties involved in the event.

Conclusion

Whilst the new duty to prevent sexual harassment does not extend to Northern Ireland the EHRC’s guidance is very helpful as it provides a proactive approach to preventing sexual harassment at work-related gatherings. By thinking ahead, setting clear expectations, and considering the risk of third-party harassment, organisations can create a safer and more inclusive environment for their employees.

Implementing these steps would not only help to comply with the new legal duty In Great Britain it would also foster a respectful and supportive workplace culture.

Taking these steps would also assist any Organisation in establishing that they have taken all reasonable steps to prevent sexual harassment and defend any sexual harassment claim in Northern Ireland.