Employers must act against harassment

As the festive season looms, businesses must remember their ongoing legal responsibilities regarding sexual harassment. With the new sexual harassment legislation that came into force on 26 October 2024 still fresh in memory, employers are left grappling with the implications of these new rules. Andrea London, Employment Practice Partner at Winckworth Sherwood, notes that "employers are under a legal duty to take proactive reasonable steps to prevent sexual harassment of their staff in the course of employment." This duty extends beyond the workplace and includes all aspects of the Christmas party and any associated events.

The pressure to maintain compliance is palpable, as employers could find themselves liable for any harassment that occurs during these festive events. "An employer could potentially be in breach of this duty if they offer limitless alcohol at Christmas parties," London explains. Therefore, it is crucial to assess the context and the characteristics of the workforce when planning these gatherings. Notably, the legal obligation to protect extends not only to colleagues but also to clients and the public, underscoring the need for due diligence.

To navigate these challenges, employers are encouraged to take specific proactive measures. First, businesses should conduct a risk assessment to identify potential vulnerabilities for harassment. Additionally, establishing a clear zero-tolerance policy is essential. Once created, this policy should be communicated effectively to all staff to ensure awareness. London recommends providing or refreshing training on sexual harassment to equip employees with the necessary knowledge to prevent such incidents.

Moreover, establishing robust reporting and investigative mechanisms is vital. Employers must ensure these systems are not only in place but are functioning correctly. Another valuable proactive step is to appoint Workplace Champions, trusted individuals within the organisation whom employees can approach confidentially with concerns. As a final touch, appropriate signage can be displayed to clearly communicate that any form of harassment will not be tolerated, creating a safer environment for everyone involved.

The financial repercussions of failing to comply with this legislation can be severe. Employers face not only the threat of legal action but also the potential fallout from being named and shamed by the Equality and Human Rights Commission. The central role of employers is to foster a safe, supportive atmosphere for employees, their most valuable asset. With clear strategies in place, employers can better ensure the safety and wellbeing of their staff during the festive season and beyond.

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