Employers now have a legal obligation to proactively prevent sexual harassment in the workplace, including at work related events such as Christmas parties and other social events. By understanding the new legislation and implementing robust policies, training, and preventive measures, employers can create a safe, respectful, and inclusive environment for all employees..
The Legal Context: Worker Protection Act 2023
The Worker Protection Act 2023 expands employer responsibilities, requiring them to take “reasonable steps” to prevent sexual harassment before incidents occur. This obligation extends to work events, such as Christmas parties, and includes harassment by colleagues, customers, or other third parties. Failing to act proactively can result in legal liability and reputational damage.
What the Law Requires
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Develop Clear Policies: Have a comprehensive anti-harassment policy that applies to all workplace activities and events. Ensure managers understand how to utilise and enforce the policy.
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Provide Training: Equip employees and managers with the tools to recognize, prevent, and respond to harassment.
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Foster a Safe Reporting Culture: Encourage employees to report concerns without fear of retaliation.
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Take Proactive Measures: Implement practices to reduce the risk of harassment at events, such as assigning trained observers or limiting alcohol consumption.
Common Scenarios of Sexual Harassment
The policy document defines sexual harassment as unwanted conduct of a sexual nature, including but not limited to:
● Sexual comments, jokes, or gestures.
● Inappropriate touching or advances.
● Sharing explicit images or messages via social media or other channels.
● Staring, leering, or other intrusive behaviours.
These behaviours are unacceptable whether they occur at the workplace, during work-related events, or even on social media between colleagues.
How Employers Can Prepare for Social Events
2. Develop and Share a Policy
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Definitions of sexual harassment and examples.
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Reporting procedures for informal and formal complaints. This will usually follow your grievance procedure.
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Guidelines for behaviour at workplace events. Ensure your policy is accessible to all staff and encourage staff to ask questions if they need clarification on anything.
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Recognise early signs of inappropriate behaviour.
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Intervene and de-escalate situations if necessary.
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Handle complaints professionally and sensitively.
During the Event: Real-Time Measures
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Monitor Behaviour: Assign managers or designated individuals to discreetly observe interactions and step in if necessary.
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Manage Alcohol: Limit open bar access and encourage responsible drinking to minimise the risk of lowered inhibitions.
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Encourage Inclusivity: Plan activities that cater to diverse preferences and avoid themes or practices that might alienate or offend.
After the Event: Follow-Up and Reporting
Create a safe environment for employees to report concerns after the event. A supportive approach includes:
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Confidential channels for reporting harassment.
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Timely and thorough investigations.
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Mediation and support services, if appropriate.
Third-Party Harassment
Under the new legislation, employers must also address harassment by third parties, such as clients or customers. Steps to mitigate third-party harassment include:
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Adding signage or verbal warnings at events to emphasise zero tolerance for harassment.
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Including anti-harassment policies in supplier or client agreements.
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Taking action, such as banning individuals who engage in harassment, and reporting criminal behaviour to authorities
Building a Zero-Tolerance Culture
“Sexual harassment is unacceptable at work or anywhere else. We want everyone to understand this, and we are urging employers to take a proactive approach to stamping it out.”
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Regularly reviewing and updating policies.
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Providing refresher training to reinforce expectations.
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Leading by example, with senior staff demonstrating respectful behaviour at all times.
The Benefits of Proactivity
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Enhance trust and morale within the organisation.
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Reduce legal and reputational risks.
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Demonstrate the organisation’s commitment to equality and respect.
Take Action Now
