Managing HR challenges during the festive season

The Worker Protection (Amendment of Equality Act 2010) Act 2024 introduced a new duty for employers to take reasonable steps to prevent sexual harassment in the workplace. This came into force on 26 October 2024.

The preventative duty is an anticipatory duty: employers should not wait until a complaint of sexual harassment has been raised before they take any action but should instead anticipate scenarios when their workers may be subject to sexual harassment in the course of their employment and take action to prevent such harassment taking place.

With the festive season firmly upon us we set out our top tips to help employers navigate the festive period, and to comply with this new duty.

1. Clear communication of expectations and conduct
It is important to communicate standards of conduct for festive events, emphasising zero tolerance for harassment and expected behaviours. In doing so, implementing a dress code policy for a work Christmas party can help ensure that employees present a professional appearance and avoid any inappropriate attire and potentially inappropriate behaviour. It is important when implementing a dress code that it is clearly communicated to employees in advance so that everyone knows what is expected of them. The dress code should also consider the venue and type of event, as well as any cultural or religious considerations.

2. Conducting a risk assessment
One of the new key elements of the new duty is for employers to undertake a risk assessment. The Equality and Human Rights Commission (EHRC) in its guidance has highlighted that the presence of alcohol and attendance at social events increase the risk of sexual harassment. Employers should consider risks from all sources including third parties such as customers or clients who may be attending a social event. In addition, they should consider power imbalances that may arise. A risk assessment involves a structured approach to identify, mitigate and monitor risks associated with workplace harassment.

3. Re-enforce the harassment and discrimination policy
If not already done so, it is a perfect opportunity to review and update your harassment and equality and diversity policies to ensure that they take into the new duty to prevent sexual harassment. The policy should include:

• A statement that any form of harassment will not be tolerated;
• That harassment may lead to disciplinary action;
• Definition of harassment and examples of conduct that will not be tolerated;
• Reporting and complaints procedure;
• Protection against retaliation.

The updated policy should be circulated to the workforce and confirmation should be sought that employees have read and understood the terms of the policy.

4. Control alcohol consumption and chaperones
It is widely reported that excess alcohol may lead to inappropriate behaviour. This is acknowledged by the EHRC. Employers may wish to limit alcohol consumption and have dedicated senior managers attending the social event to monitor behaviours.

5. Reporting mechanisms
Ensure that employees know how to report harassment and that complaints will be taken seriously. Provide confidential and accessible channels for complaints. All concerns received should be taken seriously and investigated promptly. Don’t dismiss complaints made about behaviours as drunken antics or banter. If more than one employee was involved in the incident, listen to both sides and treat all parties fairly. Employers should ensure that concerns are monitored to determine if there are any trends which require intervention.

In addition to the specific tips to comply with new duty to prevent sexual harassment in the work place, we also set out additional tips to navigate tricky HR issues that arise during the festive season.

1. Inclusive Christmas parties
Make sure that everyone is included. Do not assume that just because a colleague does not celebrate Christmas then they should not be invited. Do not forget about absent employees, such as those on maternity leave or on long term sick leave, subject to the arrangements you have in place with such employees, and of course any reasonably adjustments that may be required.

2. Employee Social Media Policies
Remind employees of social media policies — an ill-judged photo of Christmas party shenanigans on Facebook or LinkedIn could damage an employer’s reputation.

3. Suspensions and exclusions
Suspensions and exclusions are not a neutral act, so make sure that any decision to suspend or exclude an employee is a not a knee-jerk reaction and an initial fact finding investigation is undertaken first. Also consider alternatives to suspension for example working from home or working in a different team whilst the investigation is on going.

4. Annual Leave at Christmas
Make sure annual leave over the festive period is allocated fairly to avoid resentment and disputes. Don’t make assumptions about whether some employees will be more willing to work over Christmas than others.

5. Managing sickness absence
Some employers face a rise in sickness absence over Christmas — which may or may not be genuine. Don’t jump to conclusions (even if the employee has form) but if you can evidence that the sickness absence is not genuine, you may be able to deal with it as a disciplinary issue. Otherwise, make sure you follow your sickness absence policy.

6. Consideration of employees’ mental health at Christmas
Christmas can be a stressful and anxious time for a variety of work and personal reasons. Consider reminding employees of any support you have in place, such as employee counselling services.

7. And finally
If you have any queries or require any support please contact Sejal Raja on sejal.raja@weightmans.com or your regular contact at Weightmans.