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Is Your Christmas Party Ready for the Worker Protection Act? What Employers Need to Know

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The Worker Protection Act and Christmas Parties

As Christmas party season approaches, now’s the time to understand the Worker Protection Act 2023. This new legislation strengthens workplace protections by placing a duty on employers to prevent harassment in any work-related context, including festive gatherings. Here’s what you need to know to ensure your company’s Christmas party is a safe, inclusive event for everyone.

What Is the Worker Protection Act?
The Worker Protection Act amends the Equality Act 2010, broadening the employer’s responsibility to prevent harassment, not only from colleagues but also from third parties, like clients, suppliers, or guests at events. As stated on the HM Government website, the law requires that employers take “all reasonable steps” to protect employees from harassment. If an employer fails to do so, Employment Tribunals can now impose penalties, including up to a 25% increase in compensation if any discrimination claims succeed (not just the harassment claims!)

Why This Matters for Christmas Parties
Christmas parties are traditionally relaxed and festive, with a mix of employees and sometimes clients. However, they also come with certain risks. In a study by the Government Equality Office, 72% of respondents reported experiencing at least one type of sexual harassment at work with inappropriate comments, jokes, and suggestive looks among the most common issues​. The relaxed atmosphere of holiday parties, often involving alcohol, can unfortunately lead to behaviours that wouldn’t occur in a regular work setting, making it crucial for companies to be prepared. It has been made clear by the government guidance that failure to properly carry out a risk assessment will mean an organisation is unlikely to be able to successfully argue that they have taken all reasonable steps to prevent sexual harassment. Specific risks that apply to Christmas parties should therefore be identified and addressed.

Steps to Host a Safe and Inclusive Christmas Party at Work
Here are some practical steps to ensure compliance with the Worker Protection Act and create an enjoyable event for all:

  1. Revise and Communicate Behaviour Policies
    Before the event, send a friendly reminder about company policies on acceptable conduct and anti-harassment. Emphasise that these standards apply at all work-related events, including social gatherings, to set clear expectations.
  2. Appoint Designated Staff to Oversee the Event and ensure safe transport is available
    Assign designated “party hosts” or HR team members to monitor the event discreetly. They can help prevent issues from arising and step in if needed. This safeguard ensures everyone can enjoy the party (and can get home safely!) without worrying about potential misconduct.
  3. Encourage Responsible Drinking
    Alcohol often lowers inhibitions, which can lead to misconduct. Consider offering drink tokens, limiting open bars, or providing plenty of non-alcoholic options. This approach reduces the likelihood of inappropriate behaviour and creates a more inclusive atmosphere for employees who choose not to drink.
  4. Ensure Easy Reporting Channels
    Employees should know they can report any concerns without fear of repercussion. Make it clear how they can report incidents during or after the event, whether through HR or other channels. Effective reporting processes allow issues to be addressed quickly and effectively, creating a safer environment.
  5. Promote Inclusivity
    Christmas parties should be accessible to everyone, so consider dietary restrictions and cultural preferences to make the event welcoming. Inclusivity is an important aspect of a respectful, harassment-free environment.

Looking Ahead
By incorporating these measures, employers can help create a safe, positive experience for all. The Worker Protection Act is not just about compliance; it’s an opportunity to foster a culture of respect and inclusivity that extends beyond the holiday season. Conducting a risk assessment or consulting with HR professionals to ensure your approach aligns with the Act’s requirements​.

Need help navigating these changes? Contact our team of HR specialists for expert advice on keeping your workplace events secure and compliant.