Fewer court cases involve office Christmas parties

An analysis of court documents has revealed that the number of employment tribunals arising from Christmas parties at companies has fallen by half (54%) over the past three years.

In 2024, Christmas parties have been cited in 10 employment tribunal cases. This is down 54% compared to the 22 cases in 2021. The number of cases that year was at an eight-year peak, according to Hamilton Nash, a HR consultancy that compiled data from tribunals.

Hamilton Nash suggested that the decline in cases could be due to a decrease in office Christmas parties in the last six or seven year or a reduction in alcohol consumption.

In one-third of cases, the discrimination was based on sexual orientation.

In many cases, alcohol consumption, provided by the employer, was a factor in sexual harassment and inappropriate behavior.

Worker Protection Act, 2023, came into effect in October and could increase the number of cases in the hospitality industry, as employers are now legally required to prevent sexual harassment at work, including by third parties, such as clients or subcontractors. It could be that, for instance, hospitality venues may find themselves in a situation where workers of the firms who have booked their facilities are harassed.

Hamilton Nash noted an extreme case where a Crest Nicholson employee was raped in her hotel suite by a site supervisor following a Christmas party at which unlimited alcohol had been provided sinch noontime.

The tribunal ruled that the actions of the site manager were “in the course” of his employment. The company was criticized for not putting in place adequate safety measures at the alcohol-fueled event.

In a different case a general manager from a pub fell unconscious after being put into a “playful headlock” by a co-worker at a 2018 Christmas party where the staff was sharing a PS500 tab for a bar provided by management. The tribunal criticised the management for its dismissive treatment of her complaints and grievances regarding feeling unsafe while working with her colleague. They even told her to “get past it”.

Jim Moore, Hamilton Nash’s employee relations expert, says employers need to be more proactive in ensuring safety at holiday parties. Remember that they could be held vicariously responsible for any misbehavior that occurs on their watch.

He said: “We are concerned that many businesses might not be aware of the obligations they have under the Worker Protection Act, 2023.” A hospitality employer, for example, could be liable if intoxicated party goers harass their staff.

The Worker Protection Act

Worker Protection Act, 2023, introduced a positive obligation for employers to take “reasonable measures” to prevent sexual harassment. The new duty requires employers to anticipate scenarios where their employees may be subjected to sexual harassment during their employment, and to take preventative action.

There are still important consequences if an employer does not take reasonable steps to stop sexual harassment. If a worker wins an employment tribunal case for sexual harassment and harassment, the compensation could be increased by up to 25 percent if the tribunal determines that the employer did not take reasonable steps to stop the harassment.

The increase can be applied to any compensation that is awarded under the Equality Act to the employee, and not just the compensation for sexual harassment.

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