This article provides a comprehensive overview of UK Law regarding employer responsibilities to ensure that Christmas parties are safe and respectful environments for all employees.

Legal Framework

Equality Act 2010

The primary piece of legislation governing workplace harassment in the UK is the Equality Act 2010. Under this Act, employers are legally obligated to prevent harassment, including sexual harassment, in the workplace. This duty extends to work-related events, such as Christmas parties, regardless of whether they take place on or off company premises.

Definition of Sexual Harassment

Sexual harassment is defined under the Equality Act 2010 as unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. Examples include unwelcome sexual advances, inappropriate comments, and physical contact.

Vicarious Liability

Employers can be held vicariously liable for acts of sexual harassment committed by their employees during the course of employment, which includes work-related social events. This means that if an employee experiences sexual harassment at a Christmas party, the employer may be legally responsible for failing to prevent it.

Preventative Measures

Clear Policies and Communication

Employers should have clear anti-harassment policies that are communicated to all employees. These policies should outline what constitutes unacceptable behaviour, the consequences of such behaviour, and the procedure for reporting harassment. Circulating these policies before the Christmas party can serve as a reminder of the standards expected.

Training and Awareness

Regular training on harassment prevention is essential. This training should educate employees about their rights and responsibilities, how to recognize and report harassment, and the support available to victims. Managers and supervisors should receive additional training on how to handle complaints effectively and sensitively.

Designated Points of Contact

Employers should designate specific individuals as points of contact for harassment complaints. These individuals should be trained to handle complaints confidentially and appropriately. Ensuring that employees know who to approach can facilitate the reporting process.

Monitoring and Supervision

During the event, employers should ensure that there are sufficient supervisors present to monitor behaviour and address any issues that arise promptly. This proactive approach can help prevent incidents of harassment from escalating.

Responding to Incidents

Immediate Action

If an incident of sexual harassment occurs, employers must take immediate and appropriate action. This may include separating the individuals involved, providing support to the victim, and launching an investigation into the allegations.

Investigations

Investigations should be conducted promptly, thoroughly, and impartially. Employers should gather evidence, interview witnesses, and document all findings. The accused should be given an opportunity to respond to the allegations, and the process should be fair and transparent.

Disciplinary Measures

If the investigation finds that harassment has occurred, employers must take disciplinary action against the perpetrator. This could range from a formal warning to dismissal, depending on the severity of the behaviour. Employers should also consider measures to prevent future incidents, such as additional training or policy revisions.

Support for Victims

Confidentiality and Sensitivity

Employers must handle harassment complaints with the utmost confidentiality and sensitivity. Victims should feel safe and supported when coming forward with their experiences.

Counselling and Support Services

Providing access to counselling and support services can be beneficial for victims of harassment. This support can help them cope with the emotional and psychological impact of their experiences.

Ensuring a safe and respectful environment at Christmas parties is not just a legal obligation for UK employers but also a moral one. By implementing clear policies, providing training, and taking swift action in response to incidents, employers can create a culture of respect and inclusivity. This proactive approach not only protects employees but also fosters a positive and enjoyable festive celebration for all.

For more information on preventing workplace harassment, employers can refer to these resources:

• Equality and Human Rights Commission: Equality Act 2010 Guidance
• Acas: Bullying and Harassment at Work – A Guide for Managers and Employers
• Health and Safety Executive: Workplace Harassment and Violence

Ensuring that the festive season remains joyful and respectful requires commitment and vigilance from employers. By adhering to the guidelines outlined in this document, employers can navigate the complexities of workplace social events and uphold their duty to prevent sexual harassment.

Our Employment Law team are trusted advisors to both employers & employees. Please contact us if you require any Employment Law advice.

Article written by Employment Law Solicitor, Kerry Hudson

The post UK Law and Christmas Parties: Employer Obligations to Prevent Sexual Harassment appeared first on Brindley Twist Tafft & James.

What employment claims can be brought for bullying and harassment?

Harassment under the Equality Act 2010

You can bring a claim under the Equality Act 2010 if your employer fails to protect you from harassment in the course of your employment. The harassment (by fellow employees, clients or suppliers) must be related to a protected characteristic e.g. age, disability, gender reassignment, race, religion or belief, sex or sexual orientation. If the harassment is not related to one of these protected characteristics, you will need to think about what other employment claims you could bring instead.

Constructive unfair dismissal

There are other claims but the most common employment claim which you would normally bring in response to bullying or harassment is a claim for constructive unfair dismissal.  Constructive unfair dismissal is where you allege that your employer’s actions or failure to act have fundamentally breached your contract of employment. You would usually claim that the bullying or harassment (or your employer’s failure to act on it) undermines the implied duty of trust and confidence between you and your employer.

As a result of the breach, you may choose to treat yourself as discharged from working under the contract which essentially means that you must resign from your employment.

To be eligible to bring a constructive unfair dismissal claim, you will need to have two years’ continuous employment prior to the date of termination of employment although there are some exceptions to this.

In addition, there are various matters which you need to establish to succeed in a constructive unfair dismissal claim and, as a result, success in bringing those claims is often not easy.

Raising a grievance

You can raise a grievance against the person who has been carrying out the bullying or harassment. This may resolve the problem so that you feel happy to continue in your job. However, quite often, employees are left unhappy with the outcome of grievances and still want to leave employment.

Settlement Agreement

 We find that where you are eligible to bring either a harassment claim under The Equality Act 2010 or a constructive unfair dismissal claim that we can often broker a Settlement Agreement with your employer. We have experience in writing to employers, setting out your  claims and inviting your employer to offer a financial package to you. In return for accepting the financial package, your employment will end under a Settlement Agreement and you will give up your employment claims.

Settlement Agreements are legal binding agreements upon which you must receive independent legal advice. The Agreement usually includes a variety of clauses, such as the settlement of claims, confidentiality of the Agreement and the provision of an agreed reference for you.

Signing a Settlement Agreement is often the most satisfactory outcome for both parties as it avoids the need to be involved in Employment Tribunal proceedings which can be time consuming, costly, stressful and unpredictable. Settlement Agreements allow both sides to put matters behind them, with the least amount of angst.

If you would like to discuss your situation at work with our Employment Solicitor, Kerry Hudson, please call her on 024 7653 1532 or email her at Kerry.Hudson@bttj.com.

The above is not intended to provide advice.

About the author
Kerry Hudson is an employment solicitor at Brindley Twist Tafft & James in Coventry. She specialises in Employment Law and is a trusted advisor to both employers and employees.

The post Are You Being Bullied or Harassed at Work? appeared first on Brindley Twist Tafft & James.