Have you risk assessed your festive events?

12 December 2024

December 2020

Following the launch of the Worker Protection Act 2023 which places a duty on employers to prevent their staff from being sexually harassed, have you given consideration to your Festive Work Event?

Employers are required to proactively consider where and when their staff may be at risk and ensure they take reasonable steps to prevent these risks. Work-related night outs or social events can present a potential risk as they can take place in venues open to members of the public and where alcohol is available.

This will be the first year since the launch of the new Worker Protection Act 2023, therefore in advance of your festive work events you should consider the risks of sexual harassment and what steps you can take to prevent this. See below some considerations:

Festive events are likely to be extensions of the workplaces

If you encourage your employees to attend an arranged festive event which you as an employer have paid for, you may then be vicariously liable for their actions, even if this event does not take place at your normal place of work.

Venue suitability

Check the venue's risk assessment and ensure your managers have the responsibility of looking out for your employees and stepping in to diffuse anything that could escalate or cause concern.

Make the event non-compulsory

Make it clear that your employees are free to decline an invitation and don't need to provide a reason.

Remember to consider what will happen to employees who don't want to attend, if your festive event is during a working day.   You should consider if employees who don't wish to attend are allowed to take the remainder of the day off or may be given time owed in lieu.

Limit alcohol

Communicate with your employees and ask everyone to drink sensibly, and if you are paying for some drinks also include non-alcoholic drinks as an option with water available at every able setting. Ensure managers look out for any employees who may becomes extremely intoxicated and organise for them to get home safely.

Set expectations

Set clear expectations for employees to treat each other with respect during the event and to adhere to your policies. You should also remind staff who to speak to if they encounter any problems or see witness any inappropriate behaviour.

Risk Assessment

You should consider creating a risk assessment for your festive event to ensure you have assessed and taken all reasonable steps to prevent any type of harassment, in particular sexual harassment. Your risk assessment could include:

  • considering previous feedback from staff,
  • asking managers to identify any underlying tensions in their teams
  • foreseeing scenarios that could lead to inappropriate comments or actions
  • addressing the risk of third-party harassment.

Click the below link for some further information from the Equality and Human Rights Commission (EHRC) in relation to festive parties
New sexual harassment law and workplace Christmas parties: What employers need to know | EHRC

EVH are running a member only online support session on Tuesday 17th December to discuss content and considerations for sexual harassment risk assessments to ensure you reduce the risk in your workplace.  Click the link to sign up now: HR Spotlight: Sexual Harassment Risk Assessments - EVH