The festive season seems to be starting earlier every year, and for businesses that are thinking about having a ‘work do’, early planning will be particularly important this time as the duty to take reasonable steps to prevent sexual harassment is now in force.
If you’re busy planning an event we know you’ve got a lot on and there’s much to think about but park Chris Rhea in the backseat for now and take a look at three key HR things to be alert to if your staff are going to be ‘rocking around the Christmas tree’.
- All I Want for Christmas Is You
- Tidings of Comfort and Joy
- The Naughty List
All I Want for Christmas Is You…
When thinking about your event remember the new duty to prevent sexual harassment – it requires employers to take reasonable steps to prevent sexual harassment of their employees in the course of employment. ‘In the course of employment’ is wide – usually covering events such as work Christmas parties and other ‘work do’s’.
This is a pro-active on-going duty, so if you’ve not already done so you will need to consider and assess the risks of sexual harassment occurring in relation to your proposed ‘work do’ and plan ahead to take appropriate preventative steps. This can take time so it’s important to do it in the early stages when you are still considering your plans.
For example, identifying the activities and circumstances which pose a greater risk to staff of sexual harassment occurring such as unlimited alcohol, late-night gatherings, third parties and the practical things which can be done to minimise such risks. For example, zero or restricted alcohol policy, considering alternatives to a ‘traditional Christmas party’, such as a team lunch or a day-time activity. Bear in mind that whether or not an employer has taken reasonable steps is an objective test and will depend on the facts and circumstances of each situation.
Need a quick reminder about the new duty generally and the potential consequences of non-compliance? Check out our previous Legal Update on this area.
Whilst it may not sound very jolly, don’t forget to remind your employees of the expected standards of behaviour before your ‘work do’ and even think about (refresher) training. This can help protect your business by reducing the likelihood of issues arising and contribute to the aim of ensuring a good time is had by one and all. Remember, that whilst the new preventative duty is specific to sexual harassment, businesses can also be liable for other acts that occur at a work event, such as harassment relating to a protected characteristic (e.g race) so it’s important not to overlook this. Need a ‘Christmas Party Memo’ for use in your business? Get in touch.
Tidings of Comfort and Joy
When thinking about your work event inclusivity can be the key to spreading a little comfort and joy, remember:
- Your employees may have different views on Christmas, whether religious, philosophical or personal – no-one should feel uncomfortable at an event
- If your event involves food, make sure everyone is catered for. Bear in mind some employees may have special dietary requirements so don’t forget to check and make sure there are appropriate alternatives e.g a vegetarian option
- Remember to think about accessibility where needed for employees who have a disability
- Don’t forget about including employees who may be out of the workplace, for example if they mainly work from home or are on maternity/adoption leave
The Naughty List
If despite your best efforts a conduct issue does arise at your ‘work do’, remember it’s important to address it promptly and appropriately. In most cases this will mean a full and thorough investigation and, where there are sufficient grounds, going through a disciplinary process. If the ‘wrongdoer’ has short service it may be possible to dismiss them quickly and more easily than would usually be the case for a longer serving employee, but you shouldn’t take any action without seeking advice on your specific circumstances first.
Remember, we are here to help so if you have concerns about an employee’s conduct either at a work event or any other time, please get in touch for business focussed advice.