Festive Season Guidance: EHRC’s Advice on Preventing Sexual Harassment at Workplace Events
Mark Ridley reviews the EHRC guidance on preventing sexual harassment during the festive season
In order to assist employers the Equality and Human Rights Commission (EHRC) has provided guidance in relation to workplace Christmas parties and sexual harassment.
Whilst acknowledging that sexual harassment at work can happen at any time, the EHRC comments that the risk is greater during the festive season as many staff will be socialising outside of working hours and will be drinking alcohol whilst doing so.
As previously reported, new legislation imposes a duty on employers to prevent sexual harassment.
The EHRC reassures employers that they need not cancel Christmas parties in order to comply with the new legal obligation to prevent sexual harassment. However, steps do need to be taken to address the possibility of sexual harassment.
In order to comply with the new preventative duty, the EHRC recommend three steps that employers should take:
- Think ahead to prevent problems.
- Set expectations early and remind employees of company policies.
- Consider the risk of third-party harassment.
In relation to thinking ahead, the EHRC guidance states that employers should think about alcohol and what limits can be put in place. For events involving travel or overnight stay, employers should ensure that accommodation is safe and appropriate. Make expected standards of behaviour clear at all times, not just during the event. Consider power imbalances. For example, are senior staff socialising with junior colleagues? Is there a predominantly male workforce? The EHRC recommend employers ensure that all employees know what is expected of them.
In relation to setting expectations, the EHRC state that Employers should ensure that staff understand what sexual harassment is; they should tell staff what to do if they see or experience sexual harassment. They should ensure that staff know how to challenge and report sexual harassment. They should remind staff of the behaviour that is expected of them.
In relation to the risk of third-party harassment, employers are under a duty to protect staff from harassment by third parties. The EHRC point out that consideration of such risks may dictate the need for safer locations or different activities. Employers should, says the EHRC, communicate expected behaviour to relevant third parties.
More generally, employers should continue to consider their broader obligations in relation to sexual harassment at work. Employers are reminded that the EHRC have produced a useful eight step guide in relation to the preventative duty to in relation to sexual harassment at work. Sorry about that.
This is not legal advice; it is intended to provide information of general interest about current legal issues.