Festive party season is approaching!

Now’s the time to remind staff of what’s acceptable and not (if you haven’t already).

Most employees are becoming increasingly familiar with the work email circulated each year in the run up to the much-loved office festive party, reminding them to act appropriately, not drink too much, and avoid posting inappropriate pictures on social media.

While those emails may be met with some laughs and some eye rolls, the continued annual spike of incidents at these events is a reminder that these announcements remain as important – and necessary – as ever.  Indeed, employers need to make sure that the message is getting through: hitting the national news for the wrong reasons is not the best way to celebrate the end of the year.

Festive and work-related social events are of course accepted as being extensions of the workplace, so that employers will be liable for any inappropriate conduct at those events, unless they can show that they have taken all reasonable steps to stop that conduct from occurring.  It is worth noting that the afterparty that follows the work event is also likely to be considered an extension of the workplace as the employees would not be there but for having attended the office party earlier that evening.

In addition, the consequences of certain poor behaviour at the office party are now more serious. Employers will know that since 26 October 2024, employers must take reasonable steps to prevent sexual harassment of their workers and employees, including by third parties such as clients and professional partners. Employers are therefore obliged to anticipate and prevent harassment, not just deal with the aftermath. If they fail, then they could end up having to pay 25% more in compensation for sexual harassment. This could be expensive. For instance in Tahir v National Grid UK Ltd [2023] an Employment Tribunal awarded over £350,000 in compensation to an employee who resigned after suffering sexual harassment. Furthermore, the employer could be reported to the Equalities and Human Rights Commission which has the power to review the work practices of the employer and impose obligations of training and amendments to policies – all within the public eye.

So, how should an employer prepare?

Communication

• Re-circulate your anti-harassment policy
• Reissue training on the expected standards of workplace behaviour and remind staff to be mindful of their alcohol consumption (ensuring that such training is up to date)
• Underline that falling short of appropriate standards will be treated as a disciplinary matter
• Remind staff of their regulatory obligations where these apply:
  • Financial Services/Insurance: the FCA and Lloyd's have already made clear that when introduced, non-financial misconduct (which includes sexual harassment) may be a breach of the Conduct Rules. 
  • Law: the SRA has issued guidance on how it will deal with “sexual misconduct”.
  • Healthcare: the GMC has issued guidance on zero tolerance of sexual misconduct, which could have implications for the individual’s fitness to practice.

Planning

• Review any incidents of sexual harassment raised over the last year.  Are there any themes that you could address now? 
• Clearly signpost methods to report concerns 
• Consider requiring a senior member of staff to supervise each event and circulate their details so that staff know who to speak to there and then.

Response

• Act promptly on receipt of a complaint and take statements from staff whilst memories are fresh
• Signpost any available support to impacted employees.

Taking the right steps this year will put employers in a better position for next year.  Under the Employment Rights Bill, the duty to prevent sexual harassment is being enhanced so that from October 2026, employers will need to take all reasonable steps to prevent sexual harassment and third-party harassment – a higher burden.

Ultimately the key message to share with staff is simple: treat those around you with respect and don’t act inappropriately at any office related events or afterparty. A little goes a long way in making the festive season an inclusive, safe, and happy period for everyone. 

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