Employers should ensure that their staff treat the work Christmas party like an extension of the normal working day – as inappropriate comments or actions could leave their employer open to a sexual harassment claim, an employment law specialist has warned.
Julia Woodhouse, head of employment law at Blythe Liggins Solicitors, says any inappropriate behaviour or comments made at the work festive do – even if it is held away from the office and outside of normal working hours – could result in the employer being held legally responsible.
Since the introduction of the Worker Protection Act in October last year, employers are legally responsible in sexual harassment cases if they did not take reasonable steps to prevent sexual harassment of their workers from happening. This duty is in relation to harassment of workers by other workers, as well as harassment of workers by third parties, such as customers.
Reasonable steps include developing an anti-harassment policy, training staff to recognise sexual harassment and how to deal with it, undertaking an assessment regarding sexual harassment risks, as well as dealing appropriately with complaints.
Julia said: “The office party is a time when people let their hair down and the drinks are flowing – but when people relax and alcohol is involved, they may say or do things which could leave their employer liable for a sexual harassment claim.
“Comments or actions which some may dismiss as playful banter could come under legal scrutiny in a sexual harassment case – and it’s up to the employer to take reasonable steps to ensure that these things don’t happen in the first place, and to intervene when they do.
“The law establishes the principle that the standards of behaviour around sexual harassment should be the same at the office party as they would be in the office on a Monday morning.”
Sexual harassment is defined legally as unwanted conduct of a sexual nature which violates a person’s dignity or creates a hostile or degrading environment for them – whether intended or not.
Sexual harassment can include physical conduct, comments spoken out loud, comments made in text messages or on social media.
If someone is sexually harassed at the office party, legal action can be taken against the employer for failing to take reasonable steps to prevent it. Employment tribunals hearing sexual harassment claims can add up to 25 per cent to a worker’s compensation if they find that there has been a breach of the employer’s duty.
Julia said: “By all means, people should have a good time at the work Christmas party – the new law isn’t there to get in the way of that.
“But, when unwelcome and improper behaviour does occur, the law sets out a path of recourse which can hold the employer to account, if they don’t do their part to prevent it from happening.
“It’s important for employers to remember that the office Christmas party is still a work gathering – so my advice is that they should ensure that staff are fully aware that they should never do or say anything that they wouldn’t repeat in the office in the cold light of day.”
Caption: Employment law expert Julia Woodhouse of Blythe Liggins Solicitors
