Felicity Staff is a Senior Legal Advisor at Make UK. She writes that this year’s Christmas party may be sobering for many organizations due to the recent positive duty employers have to prevent sexual harassment.
The annual party can be a wonderful way to thank staff and to boost morale. However, organizations should consider the changes in the law before planning any celebrations.
Leaders need to prepare for events that may have higher risks during the holiday season, when alcohol is likely to be flowing and inhibitions are likely to be loosened. Here are some preventative measures that you can take and Make UK’s support.
New Rules
The Worker Protection Act of 2023 entered into force at the beginning of October. The new law strengthened the existing rules, requiring employers to protect their employees from sexual harassment.
The Equality and Human Rights Commission has the authority to enforce the new duty and the employment tribunals can increase compensation in sexual harassment cases up to 25% in the event that the duty isn’t met.
Employers should consider the following key points when planning social events in the coming weeks.
Take preventive action and assess the risks
A risk assessment is an important step in ensuring that the new anti-sexual harassment duty is met. Employers are required to protect employees “in the course” of their employment, which is a broad duty. This means that social events such as the annual staff party would fall under the new duty. If you haven’t done so, now is the time to do it.
You will need to take preventative action after identifying the main risks. You could, for example, limit the amount of alcohol served or change the timing or nature of your event so that alcohol is not a major focus. You should also be aware of the possibility of sexual harassment if your staff comes into contact with other people (such as clients or contractors). It can be useful to designate specific managers who will step in early to prevent things from getting out of control. Here are some things you can do to protect your employees.
You should always keep in mind that employers have a preventative duty. Document your risk assessment and review it regularly.
Re-evaluate your policies and follow through
It is important to create an inclusive culture. You must make it clear to your employees that you have zero tolerance for any form of harassment. Also, you should send the message that all allegations will be dealt with appropriately. Staff must feel confident to voice concerns, and that any allegations will be dealt with fairly, regardless of seniority.
Your HR policies should be clear about what you expect of your employees. (For example, your policies on equal opportunity, bullying and harassment). Leaders and HR must communicate policies to employees effectively and ensure that they are implemented consistently. Keep policies under review regularly. They are not very useful if you just keep them in a cabinet collecting dust.
Investing in training
All employees should be trained on sexual harassment and how to report it.
Managers must be trained on how to recognize when someone is being harassed, as well as how to investigate the allegations and provide support to those who are involved. Also, they need to be trained on how to discipline employees when necessary.
You should always refresh your training. Set a schedule to do this so that your staff is not left with outdated information.
Make UK’s contribution to
Make UK will provide you with all the guidance and support you need to make the most of your festive season. We can help you as your trusted partner to support your proactive duty of taking reasonable steps to prevent sexual harassing your employees, from compliance to culture. We offer a range of training for all levels, from the front line up to directors. This can be done virtually or in person.
For planning, review and monitoring the actions taken, we offer HR and Management workshops and visioning session. We can also provide templates for a number of documents, such as an anti-bullying policy (including guidance notes from management), an equality plan, workplace risk assessments, HR action plans, and workforce surveys, along with our full suite ED&I consultancy and training to support you in your duties under the Equality Act 2010 For more information, please see Sexual Harassment.
Click to book a half-day course on sexual harassment for HR professionals.
We’re ready to assist you with any issue, whether you are a Make UK subscriber. Our HR & Legal Resources as well as our expert advisers will be happy to help.
