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As the festive season is upon us, many organisations are hosting and attending annual celebrations. While these events offer an excellent opportunity for fun, team bonding and celebration, they also bring specific responsibilities for employers.
This year, it has just got a little bit more complex, as you must now also consider the new Workers Protection Act 2024, which has introduced preventative duties for you, the employer, in preventing sexual harassment in the workplace (which includes work-related events).
Here's what we think you need to know to ensure a safe, inclusive and enjoyable celebration for everyone.
It is still work
Even when the party takes place outside of work hours and offsite, it’s likely to be classified as a work-related event. This means that both employers and employees must maintain appropriate standards of conduct.
Misconduct at such events can expose employers to liability, especially if the behaviour involves harassment, discrimination or violence. The relaxed atmosphere of a party can sometimes lead to poor judgment, but as outlined by the new legislation, it’s vital that employers take proactive steps to prevent and address issues, including sexual harassment.
Even some private social gatherings can fall under the definition of ‘during the course of employment’ regardless of who organised it; hence behaviour should meet employer's rules, and the employer can even be held responsible for the (mis)conduct of their employees.
Key Responsibilities under the Workers Protection Act 2024
This new law expands employer duties to include the prevention of harassment, with a particular focus on sexual harassment. Here’s how it applies to your festive event:
Take Reasonable Steps to Prevent Harassment:
Employers must actively mitigate risks of harassment during the party. This includes:
Conducting a risk assessment that considers the effects of alcohol (or recreational drug) consumption and other potential hazards, such as people attempting to drive home afterwards when they are well over the appropriate legal limit.
Communicating a clear code of conduct to all employees before the event.
Ensuring that any external third parties, such as entertainers or venue staff, understand and comply with your standards for respectful behaviour.
Practical Actions:
Consider designating Managers to act as points of contact during the event. They can intervene discreetly if inappropriate behaviour arises, ensuring issues are managed in real-time.
Help employees get home safely by arranging transport or providing details of local taxi firms. Employers seen to have facilitated intoxication may bear greater responsibility for post-event incidents.
Reinforce expectations around work attendance the following day, especially if the party falls midweek.
Post-Event Follow-Up:
Hopefully your festive celebrations will be trouble free, but should that not be the case, the Workers Protection Act requires employers to investigate complaints thoroughly, and take appropriate action. Drunkenness or "party high spirits" cannot be used as an excuse for misconduct or harassment. Make sure employees understand that any grievances will be treated seriously in line with your policies, and the Workers Protection Act requirements.
While Christmas parties are a time to unwind and celebrate, they also reflect your organisation’s commitment to a respectful and inclusive culture. By taking proactive steps to ensure employee safety and prevent harassment, you not only comply with legal obligations, but also build trust and goodwill among your team.
If you’re unsure how to adapt your policies or manage specific concerns, BackupHR is here to help. Let us support you in making your festive season both memorable, and compliant.
Happy holidays from all of us!
If you have any questions or require tailored advice on how to implement the Workers Protection Act 2024 in your workplace, don’t hesitate to get in touch. We are hoping to roll out in the New Year some useful client resources specifically related to this new law.