With the first full festive season since the introduction of strengthened sexual harassment laws fast approaching, employers are being urged to ensure they have taken “reasonable steps” to prevent harassment at work Christmas events or risk significant legal and reputational consequences.

The new duty, which came into force on 26 October 2024, places a proactive legal obligation on employers to prevent sexual harassment of their staff “in the course of employment”. Crucially, this extends beyond the workplace itself to include Christmas parties, after-parties and any employer-associated social events.

According to Andrea London, Employment Practice Partner at Winckworth Sherwood, some businesses may have slipped into complacency since last year’s flurry of compliance activity.

“With the legislation now a little over a year old and Christmas approaching again, employers may well be fearful they’ve let things slide since last year’s frenetic October and November preparations,” London said.

A broadened duty and wider liability for employers

London emphasises that employers can be held liable alongside the perpetrator if harassment occurs and they cannot demonstrate that they took reasonable steps to prevent it.

This duty also extends not only to colleagues, but to clients, contractors, suppliers and even members of the public effectively, anyone an employee interacts with as part of their role.

One emerging grey area is the question of alcohol provision.

“An employer could arguably be in breach of this duty if they offer limitless alcohol at a Christmas party,” London noted.

“It will depend on context and workforce demographics, but employers must be vigilant.”

Six actions employers should take now

Although the government has not yet published detailed requirements, London recommends employers especially those hosting festive events ensure the following measures are in place or refreshed:

1. Assess your organisational risk

Identify where, when and how sexual harassment is most likely to occur within your workforce and event settings.

2. Reinforce a clear zero-tolerance policy

Ensure all employees are aware of expected behaviours, standards and consequences.

3. Deliver or refresh harassment-specific training

Training should be up to date, practical, and clearly set out what constitutes unacceptable behaviour.

4. Check reporting and investigation mechanisms

Systems must be in place, transparent, and known to staff and they must work effectively.

5. Nominate Workplace Champions

Provide trusted individuals employees can speak to confidentially at the first instance.

6. Use appropriate signage where necessary

Visible reminders that harassment and poor behaviour will not be tolerated can support prevention and reassure staff and visitors.

Why it matters: the legal and human impact

The potential financial, legal and reputational consequences of non-compliance are significant. Recent EHRC guidance also highlights the risk of organisations being publicly named for failing to take adequate steps.

But beyond compliance, London says employers must remember their fundamental duty of care.

“One of the employer’s main responsibilities is to ensure the safety, wellbeing and protection of its workforce, both from engaging in, and from experiencing, harmful behaviour,” she said.

With workplace Christmas events now firmly within the scope of the new legislation, employers have only a short window to ensure policies, processes and training are up-to-date and capable of protecting staff and the organisation itself during the busiest social period of the year.