As we head towards the festive season, the office Christmas Party is often the highlight of the year for many employees. It’s a chance to get together in person, ‘let your hair down’ and mingle with team members away from the office.
Whilst no one wants to be the fun police and put a downer on the joys of the festive season, it’s an unfortunate fact that sexual harassment claims are one of the most common complaints employers face during the festive season.
As fun as the festivities may be, work parties are a high-risk environment for sexual harassment. Usually alcohol is served, inhibitions are lowered, and employees often forget that the work Christmas party is an extension of the workplace.
Whilst the boundaries may be blurred between ‘work’ and ‘social’, there’s no excuse for bad behaviour and it goes without saying that sexual harassment in any area of life should not be tolerated. With the new Worker Protection Act in force, employers now need to comply with the latest legislation which places a statutory duty on them to take reasonable steps to prevent sexual harassment in the workplace – a departure from previous legislation, which only required employees to respond to claims of sexual harassment rather than prevent.
So, could it be the end of the Christmas party as we know it?
With the new legislation going further than before, placing a duty on employers to take reasonable steps to prevent sexual harassment in their workplace, businesses will need to take steps ahead of the Christmas party to ensure they comply with the new legislation.
Many organisations are already aware of the pitfalls of the Christmas party, and often put measures in place to promote positive behaviour, taking steps to protect their people and their organisation. However, the usual steps may no longer be sufficient to comply with the new legislation, so employers should be mindful of this when planning their Christmas festivities. Failing to consider the new legislation could lead to costly consequences, not only from a financial perspective but it risks damaging your reputation and culture.
Whilst we don’t think it will be the end of the Christmas party (and we hope it won’t be!) the new legislation does give you the opportunity to emphasise your commitment to preventing sexual harassment not just in a formal work setting but at informal events too, such as the Christmas party.
Things to consider when planning your workplace Christmas party
Christmas parties should be inclusive and recognise the contributions of everyone, therefore it’s important to consider ways to make it as inclusive as possible and prevent any types of unwanted behaviour.
Clear communication
Clear communication is key. Remind your team that whilst you hope they have a great time over the festive season, parties are an extension of the workplace and therefore the same code of conduct applies.
Risk assess your event
You should conduct a context specific risk assessment for your Christmas party, including the assessment of the risk of sexual harassment and ways to mitigate the risk.
In light of the new WPA legislation and the employers duty to take reasonable steps to prevent sexual harassment you should assess the risks of what could happen throughout the event and at the end of the night, the different power dynamics that could arise and the appropriateness of senior members being left out ‘partying’ with junior team members, particularly if alcohol is involved.
A word on alcohol
Consider planning an event that doesn’t centre around alcohol. Whilst a free bar may seem generous, it can cause people to drink excessively and increase the likelihood of poor behaviour and sexual harassment.
A low or no alcohol event has the added benefit of being more inclusive for those who don’t drink for religious, health or personal reasons.
If you do choose to serve alcohol, you should also consider how your team will get home safely. Arranging transport or allowing employees to claim for a taxi home can help reduce the risk of anything happening after a late night, drinking.
What you can do as a leader ahead of the festive season (and beyond) to prevent sexual harassment at work
The Equality and Human Rights Commission (EHRC) intends to produce a Code of Practice for employers to help them comply with the new obligations, however, ahead of the Code of Practice being published, employers can do many things to demonstrate they’ve taken reasonable steps to prevent sexual harassment, whilst also ensuring everyone can find a way to stay safe and enjoy the Christmas season.
Emphasising your commitment to prevent sexual harassment
It’s your job as a leader to set the tone and act now to do what you can to prevent sexual harassment. As mentioned above, you need to make it clear to employees that sexual harassment is unacceptable, reinforcing that everyone deserves to feel safe and respected at work, regardless of the occasion.
How to report incidents
Make it clear how employees can report any incidents should they occur and encourage any member of the team to speak up if they see or experience sexual harassment and that they will be heard. Open channels of communication help to build trust between employees and leadership teams. Workplace reporting software such as Culture Shift could help you build the foundations of a positive culture.
Education
There’s a high level of misunderstanding about what sexual harassment is. Be clear on what constitutes sexual harassment, ensure it is detailed in your policies and educate your employees. Regular training by experts can help create lasting behaviour changes and a more open culture.
Embed an anonymous reporting channel
Employees need a clear and confidential way to report sexual harassment.
Many people do not report workplace sexual harassment for numerous reasons, they may be worried that no one will believe them, be fearful of the repercussions of reporting and how they may be viewed at work or believe that nothing will be done even if they do report it.
According to our research, only 36% of people who have witnessed or experienced problematic behaviour at work report it but 62% would be much more likely to do so if they could do it anonymously.
Along with the traditional HR route already available, employees need a different way to report incidents. By removing the barriers to reporting and creating a confidential anonymous channel, it encourages employees to speak up when they see or experience unwanted behaviour and report it.
Culture Shift’s reporting software provides an easy way for employees to report with the option of anonymity through a straightforward, step-by-step reporting process. We’ve designed and tested it with organisations to make sure it gathers the necessary information without putting pressure on the reporter, it’s user friendly and creates a safe space for dialogue between employees and management.
Learn more about how Culture Shift’s anonymous reporting software supports compliance with the new Worker Protection Act.
Act swiftly
Should you receive reports of sexual harassment, it’s critical to act swiftly. Investigate the complaint properly, follow up with the individuals involved to take appropriate action, addressing misconduct promptly and decisively, in line with your policies. When you let behaviour slide, it indicates to others that it’s ok and contributes towards a negative culture.
Instilling the right culture
Beyond superficial seasonal adjustments, CEOs and business leaders need to prioritise instilling a positive workplace culture throughout their organisations. Workplace culture is set from the top and when you demonstrate you are commitment to preventing sexual harassment, everyone becomes very clear on the types of behaviours that aren’t accepted, making workplaces a much nicer place to be part of.
By understanding your legal responsibilities and following best practices, you can still host a great party that is safe and enjoyable for everyone whilst complying with your legal and ethical obligations.
Culture Shift’s platform offers anonymous reporting and case management tools to help organisations effectively prevent and respond to incidents of sexual harassment and bullying. By providing data-driven insights and user-friendly reporting systems, we empower organisations to create safer, more inclusive workplaces.
Book a free demo today to see our platform in action.
