Neate & Pugh’s Post

The festive season is upon us, and with it, comes the annual workplace Christmas party – a time to celebrate, relax, and connect with colleagues. However, with the introduction of the Worker Protection (Amendment of Equality Act) Act 2023, employers now have a new legal duty to take reasonable steps to prevent sexual harassment, making it even more important to approach this year’s celebrations with care. The new duty, which came into force in October this year, requires employers to anticipate potential scenarios of sexual harassment and take proactive measures to prevent them, even if no prior complaints have been made. With the heightened risks associated with workplace events – particularly those involving alcohol – Christmas parties could be a vulnerable spot for employers, under this legislation. To find out more read the full article here 👇 https://lnkd.in/ekYGCaGZ #employmentlaw #xmasparties #employers #employees #sexualharassment #workplaceevents #workprotection

‘Tis the season to prevent sexual harassment In the run up to Christmas party season, don't forget the new statutory duties introduced in October means employers must provide extra protection to workers from sexual harassment. Work parties are often booze-fuelled and we know that as an employer you can’t control everything your employees do - but you can and should make your stance clear in advance.  Here are some key tips to ensure a safe and respectful environment: ✅ Make sure the venue/Christmas party provider will comply with the statutory duty as this applies to sexual harassment by third parties too ✅ Communicate clear expectations to teams before the event ✅ Offer a contact for any pre or post-event concerns ✅ Make it clear in advance that you will take any inappropriate behaviour seriously and it won’t be tolerated ✅ Consider what you’re giving for free – if it’s a free bar or drinks vouchers – are you encouraging excessive drinking? If so, the finger may be pointed at you if someone gets overly drunk and acts improperly ✅ Lead by example as a manager, both in and out of work ✅ Remember, all work related events are an extension of the workplace ✅ Ensure safe transportation home for all attendees ✅ Follow up with attendees for any post-event concerns ✅ Address any reported concerns promptly and effectively If your Employee Handbook or policies do not cover sexual harassment it's crucial to update them now. And while ensuring a safe environment, please don't forget to enjoy your festive celebrations together. I know me and the rest of Team Mint will 💚 #HRadvice #Christmasparties #sexualharassmentintheworkplace Mint HR | Outsourced HR Support

With the festive season upon us, calendars are quickly filling up with invites to the much-anticipated office Christmas party. However, with the introduction of a new duty requiring employers to take 'reasonable steps' to prevent sexual harassment, what does this mean for businesses? Associate, Tom Herbert, unpacks this new duty and shares practical insights on how employers can take these 'reasonable steps' in his article: 'Preventing Sexual Harassment: The Ghost of Christmas Party?' For bespoke training to help employers demonstrate compliance, read more here: https://lnkd.in/eX-n6pZb

🎄 Ensuring a Safe and Respectful Festive Season at Work 🎄 As the holiday season approaches, it’s crucial for employers to proactively address the risks of sexual harassment at work-related events. The new duty to prevent sexual harassment, now in force, requires employers to anticipate and mitigate these risks. A recent case highlights the importance of these measures. Employers are reminded that they can be held vicariously liable for incidents that occur during work-related social events, even if they take place outside of normal working hours and premises. Read more at the link below: https://lnkd.in/edbhM66X #WorkplaceSafety #SexualHarassmentPrevention #HR #HolidaySeason #EmployeeWellbeing

https://lnkd.in/e2pVT46m One of my guilty pleasures is watching a reality show or two (you know the ones where if you fall asleep and wake up half way through you’ve not missed anything!). However, what I am seeing as coming up time and time again is a defense of unacceptable behaviour is “it was only banter” or as frequently referred to as “bantaaaaa”. We also hear this when undertaking grievance and disciplinary investigations. In the Guidance on Sexual Harassment and Harassment at Work published by Equality Human Rights Commission banter is also included in the wide range of behaviours covered in their list of unwanted conduct. It states that “Unwanted conduct will also amount to harassment if it has the effect of violating the worker’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them, even if that was not the intended purpose.” When we look at the definition of ‘workplace’ it is broad, and includes away days, work drinks events and, importantly, office parties. So as we’re entering party season what does that mean for employers who could be busy preparing for the annual Christmas Party? This article in People Management provides information for Employers on what reasonable steps they can take to prevent sexual harassment. Remember, everything is okay until it isn’t! If you want any help or advice on what is meant by preventative duty by the employer and the steps you need to take get in touch with us at team.admin@hunteradams.co.uk

Christmas parties. Client dinners. Yearly conferences. Do your employees know that these are all considered an extension of the workplace? Despite there being no tools or computers in sight, the new Worker Protection (Amendment of Equality Act 2010) Act 2023 applies to them as well. As I explained in my last post, from this month (October 2024) employers are required to take preventative action to stop their employees from experiencing sexual harassment during the course of their employment. This includes work events, which is significant because sexual harassment is the most prevelant claim brought to tribunal following work celebrations and parties. According to the Equality and Human Rights Commission, employers should: - Consider the risks of sexual harassment occurring in the course of employment - Consider what steps it could take to reduce those risks and prevent sexual harassment of their workers - Consider which of those steps would be reasonable for it to take - Implement those reasonable steps It may be less obvious but it’s essential to also consider any risks to employees outside of their usual work, including at work-related social events. 🤔 Are you currently doing enough to show you’re taking proactive steps to prevent sexual harassment from happening? Do you have policies and procedures around employee conduct, anti-harassment, and social events that make it clear to all employees, customers, and clients what sexual harassment is and that it will not be tolerated? If you’re not sure whether you’re doing enough for this preventative measure, get in touch. I can advise on whether your policies are compliant or where they may need to be updated. #EmploymentLaw #Harassment #SexualHarassment #WorkerProtectionAct

It's beginning to look a lot like Christmas, but the tone this year is even more cautionary than usual. The new duty to prevent sexual harassment, which came into force on 26 October 2024, has aggravated employers' anxieties. For many, it represents yet another, unwelcome form of legal liability should their employees misbehave. Some employers, believing the risk not worth the reward, have cancelled their Christmas parties entirely.     We disagree. While employers would do well to approach their Christmas parties slightly differently this year in light of the new duty, it should not herald, as some have argued, the death of the office Christmas party altogether. Rather, it's the end of one era and the beginning of another: one where employers are more proactive in assessing risk, implementing safeguards, and communicating expected standards of behaviour; and where employees can celebrate Christmas with colleagues in an environment that is safer and more dignified for all. Learn more about compliance with the new duty to prevent sexual harassment: https://lnkd.in/eKGNBBVH

Is your business up to speed with the new duty on employers to take reasonable steps to prevent sexual harassment in the workplace? Are you aware that this will include interactions that your staff have not only with colleagues, but with third parties, including customers, contractors and visitors to your premises? Have you considered the breadth of the concept of the 'workplace' and that it could include external conferences attended by staff, as well as social events, including the Christmas party? Our article considers what the implications of the duty are and suggests some possible reasonable steps for you to take, as well as looking at the consequences of non-compliance. If you'd like to explore this area further, we are happy to offer a free 15 minute call to discuss how we can help. https://lnkd.in/dmyrTMS7

Is a hangover the only headache you'll be left with after your works festive gathering? The mop-up is always a busy time of year for HR. I've had everything from police being called to family fights... and then of course there are the incidents of sexual harassment that are all the more likely when alcohol is added to the mix. The law now provides a really clear duty on employers, via the Worker Protection (Amendment of Equality Act 2010), to protect employees from sexual harassment – tribunal awards are uncapped and now failure to carry out your duty can mean up to a 25% uplift. So what that means for your work social events is that as a minimum you should have a policy which tells people how to report sexual harassment, and how it will be dealt with; and you should risk assess work activities and events and take reasonable steps to mitigate those risks. Things like: ⛔ Reminding everyone of your zero tolerance approach before the party – including any suppliers or clients that are joining you. 🚕Considering providing safe transport and accommodation arrangements. 👀Having a senior person at the event nominated to be sober and available to people to report concerns. 😇 Ensuring all leaders lead by example – the amount of times I’ve seen senior leaders drunkenly dribbling over their reports, or encouraging them to dance on the table – often then complaining about their behaviour the next day! 🤶🎄🎁As a Christmas gift all Beanstalk HR clients are offered a bespoke sexual harassment policy and risk assessment. Non-clients can also take us up on this for a very reasonable £75. And I’ll be hosting an online lunch and learn on preventing sexual harassment (comment if you'd like an invite). I provide training for leaders and employees, tailored to your organisation - get in touch to find out more. (😠 I can also be on hand after the festivities to investigate complaints and carry out hearings if anything does go awry!) #employers #HrConsultant #PreventionOfSexualHarassment

The new duty on employers to prevent their staff from being sexually harassed at work is now in force. It's an anticipatory duty which requires employers to think about where their staff are mostly likely to be at risk and then to take reasonable steps to prevent those risks. Work-related social events pose a particular risk, not least because they often take place in venues open to members of the public and where alcohol is available. This blog explains what employers need to think about if they are planning a work party to celebrate the festive season and looks at a recent case where a line manager gestured putting money down the cleavage of a worker during a night-out after telling staff the equivalent of "What goes on in Vegas stays in Vegas"! #sexualharassment #preventativeduty #discrimination #workevent #Xmasparty #hr #employmentlaw #legalupdate Irwin Mitchell