Understanding New Sexual Harassment Laws for Work Events

It might not feel like it, but the festive season is fast approaching, and with it, the work Christmas party! While these events are intended for enjoyment and team bonding, unfortunately, they are also often the settings for inappropriate behaviour.

With the introduction of significant amendments to the Equality Act 2010, it's essential for employers to understand and adhere to the updated sexual harassment legislation to ensure a safe and respectful environment for all.

The New Sexual Harassment Legislation: A Closer Look

The recent amendments to the Equality Act 2010, brought forth by the Worker Protection (Amendment of Equality Act 2010) Bill, aim to reinforce protections against sexual harassment in the workplace.

The key components of this legislation are:

Clause 1: This clause establishes employer liability for harassment of their employees by third parties. It also elaborates on the applicability of the 'all reasonable steps' defence under the Equality Act 2010, expanding the scope of employer responsibility.

Clause 2: This introduces a proactive duty on employers to prevent sexual harassment, mandating that all reasonable steps must be taken to protect employees.

Clause 4: It provides for an uplift in compensation in sexual harassment cases where there has been a breach of the employer's duty, potentially increasing the compensation by up to 25%.

These changes reflect ongoing concerns about the prevalence of sexual harassment, despite existing legal protections, and aim to tighten the accountability of employers in preventing such incidents.

Employer's Liability and Responsibility

The new legislation underscores an expanded scope of employer liability, especially in the context of third-party interactions. Employers are now accountable not only for preventing harassment by employees but also for acts committed by third parties such as customers, clients, or contractors.

This is particularly relevant for work-related events like Christmas parties, where interactions with non-employees are frequent. Failure to take reasonable steps to prevent such harassment can lead to significant legal consequences.

The amended legislation reinforces the rights of employees to a workplace free from sexual harassment. This includes the right to report incidents that occur at work-related events and expect a timely and appropriate response from their employers.

Internal reporting mechanisms must be robust, responsive, and discreet to ensure that victims feel safe and supported when coming forward.

Horror Stories from the Workplace

UNISON's "Us Too" campaign brought to light distressing examples of sexual harassment at work events. One harrowing account involved a manager making derogatory and intimidating remarks about an employee's eating disorder at a Christmas party.

These real-life stories are not isolated incidents; they reveal a darker side of workplace festivities and underscore the need for clear policies, even in seemingly informal settings like Christmas parties.

Creating a Safe and Inclusive Party Environment

Employers must take proactive steps to foster a safe environment at work events. This involves reminding staff of the existing behaviour policies and the implications of the new legislation, providing training on identifying and preventing harassment, and setting a tone of respect and inclusivity.

Leadership must lead by example, demonstrating that harassment, in any form, will not be tolerated.

By understanding and adhering to these new provisions and fostering a culture of respect and safety, employers can ensure that these festive events remain a source of celebration and joy for all employees.