This year’s festive season marks an important shift for employers. For the first time, the Worker Protection (Amendment of Equality Act 2010) Act—in force since 26 October 2024—places a proactive, preventative duty on employers to take reasonable steps to stop sexual harassment before it occurs.
While harassment (including sexual harassment) has long been unlawful and employers could already be held vicariously liable for misconduct that happens “in the course of employment”, this new duty changes the landscape. Employers can no longer simply respond to issues as they arise: they must anticipate and mitigate risks, including at social events such as the Christmas party.
Why Christmas Parties Matter Under the New Duty
Work-related social events are explicitly covered. The duty extends beyond the physical workplace to any work-related setting, including bars, pubs, event venues or restaurants. That means your Christmas party is now squarely within scope.
The EHRC Code and supporting guidance make this clear. They highlight that failing to carry out a sexual harassment risk assessment is likely to place an employer in breach of the new duty—something tribunals can take into account when considering related harassment claims.
The festive period is a classic risk flashpoint: alcohol, relaxed environments and blurred boundaries can create scenarios where inappropriate comments or behaviours become more likely. If an organisation has had incidents in previous years, the duty becomes even more important—employers must show they have taken clear, proactive steps to prevent a repeat.
Carrying Out a Sexual Harassment Risk Assessment
The risk-assessment approach under the new duty mirrors other workplace risk assessments, such as for health and safety. The goal is not to eliminate every risk (an unrealistic expectation), but to show that reasonable steps have been taken to understand, reduce and manage them.
For Christmas parties and other social events, HR teams should consider:
1. Staff and cultural insights
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Review previous staff feedback about events.
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Identify any existing tensions or team dynamics managers have flagged.
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Consider whether any individuals or groups may be at higher risk.
2. Likely scenarios
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Alcohol-fuelled environments lowering inhibitions.
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Enclosed or dimly lit spaces.
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Situations where power dynamics could play out differently outside the office.
3. Third-party risks
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Venues often have their own staff and customers.
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Ensure the venue has appropriate harassment policies and has conducted its own risk assessment.
4. Impact and likelihood
Evaluate both:
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The likelihood of inappropriate behaviour, and
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The severity of the impact should it occur.
This forms the basis for deciding what is reasonable and proportionate for your organisation’s size, resources and risk profile.
Practical Steps Employers Can Take This Festive Season
There is no need to cancel Christmas—this is not about becoming the office Scrooge. But it does require employers to be thoughtful and proactive. Practical options include:
Set expectations clearly
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Communicate behaviour standards before the event.
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Remind staff that normal workplace policies still apply at work events.
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Highlight reporting routes and offer reassurance that concerns will be taken seriously.
Alcohol management
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Avoid free bars throughout the night.
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Use drink-ticket systems or require staff to purchase drinks themselves.
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Provide high-quality non-alcoholic options.
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Make it clear there is no expectation for employees to drink.
Train and brief managers
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Refresh training on identifying and preventing sexual harassment.
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Ensure managers know their responsibility to intervene early and discreetly.
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Remind managers to look out for staff vulnerabilities.
Review and update key policies
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Harassment and sexual-harassment policies
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Drugs and alcohol policies
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Events and conduct expectations
Make sure staff know where to find them.
Check your venue
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Ask about the venue’s own harassment or safeguarding policies.
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Verify that staff are trained to deal with inappropriate behaviour.
Plan safe travel arrangements
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Consider pre-booked taxis, travel allowances or clear advice on getting home safely.
Embedding a Culture That Prevents Harassment
Ultimately, compliance with the new duty cannot be achieved through a once-a-year reaction. It requires ongoing culture-building:
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Regular training
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Open communication
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Visible leadership commitment
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Clear accountability
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Prompt handling of any complaints or concerns
A workplace culture that consistently discourages harassment is the most effective—and sustainable—way to minimise risk, maintain trust and protect employees.