How Employers Can Plan Inclusive and Safe Office Parties Under Worker Protection (Amendment of Equality Act 2010) Act 2023

Christmas office parties are a cherished tradition in many workplaces, allowing employees to unwind and socialise in a relaxed environment. Whilst most staff look forward to these events, they can also bring challenges, with numerous reported incidents leading to HR actions or even legal claims.

The risks associated with office parties, particularly where alcohol is involved, are well-documented. With the introduction of the Worker Protection (Amendment of Equality Act 2010) Act 2023 (WPA 2023), which imposes new proactive duties on employers to prevent sexual harassment, some may question whether it is worth holding such events at all.

Whilst this may be the preferred decision for some employers, it is important to recognise the significant value these gatherings bring. For many employees, especially in workplaces with hybrid working arrangements, social events provide rare opportunities to connect in person and foster team camaraderie.

By implementing proactive measures to minimise risks and ensure inclusivity, employers can continue to host festive celebrations while meeting their legal obligations and creating a positive experience for all.

Firstly, it should be remembered that the preventative, proactive duty under the WPA 2023 has come into effect immediately and applies to employers.

The new duty is a proactive, anticipatory duty, so employers should consider the format of the social events they are planning and what preparations are required to ensure the events are inclusive, safe, and harassment-free. This reflects the company's commitment to a positive workplace culture while complying with legal requirements. People planning and preparation are essential to meet these new responsibilities and create enjoyable experiences for all employees.

• Choose venues and activities that are suitable for a diverse workforce.
• Ensure catering accommodates all dietary requirements.
• Consult employees to create an inclusive experience.

Risk assessments are critical for identifying and mitigating potential risks, allowing employers to demonstrate compliance.  Key considerations include: 

Venue: ensure it is appropriate, safe and accessible. 

Transport: provide options for safe travel to and from the event.

Guest list: Account for any external attendees, as obligations extend to third parties. 

Timings: Set clear start and finish times.

Alcohol consumption: consider drink limits (e.g. issuing vouchers) and offer non-alcoholic options. 

Educate staff to recognise and address harassment, both physical and verbal. Ensure everyone knows how to report incidents, whether they are victims or witnesses. 

Send a positive, clear reminder that workplace standards and behaviour expectations remain in effect during the event. 

Where alcohol is served in the event, provide sober chaperones to monitor the event, address concerns, and provide support if issues arise. 

Establish a clear and confidential process for reporting concerns.  Ensure complaints are handled promptly under company policies. 

The new legislation does not mean holiday gatherings should be cancelled from your workplace calendar. Instead, careful planning and clear communication can help create positive, inclusive events that align with legal obligations. This will demonstrate compliance with the positive duty to take reasonable steps to prevent sexual harassment of their employees in the course of their employment.

The employment tribunal can now increase compensation awards for sexual harassment claims by up to 25% if the employer fails to demonstrate that reasonable preventative measures were in place. Proactive planning is essential for any employer hosting festive events and ensuring a memorable evening for all the right reasons.