Work-related social events could become decidedly more staid affairs this autumn and Christmas, or could even be scrapped altogether, as organisations comply with the Worker Protection (Amendment of Equality Act 2010) Act 2023, one employment lawyer has told Personnel Today.
The Act, which comes into force on 26 October, creates a legal duty for employers to ensure they protect workers from third-party sexual harassment.
Employers will have a “duty to take reasonable steps” to prevent sexual harassment in the workplace. Employment tribunals will be able to increase compensation by up to 25% if they find an employer had breached their duty.
The new law will likely be strengthened by an Employment Rights Bill that is set to create a duty for employers to take “all reasonable steps” to stop sexual harassment “before it starts”.
Worker Protection Act
Worker Protection Act: Time for a ban on workplace relationships?
Worker Protection Act: how should HR prepare for sexual harassment obligations?
Labour to target sexual harassment of interns and volunteers
According to Thomas Beale, partner and head of the bullying and harassment team at Bolt Burdon Kemp, office parties – which are often centred around alcohol – will be very different in nature, or simply not held, as a result.
Under the new Act, he said, organisations “will be required to take all reasonable measures to prevent sexual harassment in the workplace and should therefore prepare for a significant overhaul of their existing anti-harassment policies”.
Work-related social events obviously will not be explicitly prohibited under the Act, said Beale, but employers would need to make significant changes to mitigate risks and ensure compliance with the new provisions.
He said: “Employers should be aware that their duty of care to their employees does not absolve once they finish work or leave the office. It is therefore imperative to ensure that professional boundaries are being maintained at any work-related event, to avoid the risk of unacceptable conduct.”
A strategy designed to mitigate risks could include the implementation of pre-event briefings, Beale advised. These would emphasise the importance of behaving appropriately, and outlining the consequences that will arise from incidents of misconduct. “Furthermore, the reduction of external risk factors, such as alcohol, may be necessary to prevent any impairment to professional judgement.”
The effect on companies that regularly plan social events was likely to be significant, he said. “Ultimately, following the introduction of the Act, we can expect to see a redefinition of professional boundaries and alterations to existing social norms, such as office parties or post-work drinks.”
Last week, Lloyd’s of London set out a new consultation aimed at improving oversight of the personal conduct of its insurer and underwriter members after years of “cultural” issues in the heart of the City.
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday
Latest HR job opportunities on Personnel Today
Browse more human resources jobs
