Navigating Office Parties Under the Worker Protection Act: What Employers Need to Know
As the festive season approaches, many employers are already planning their end-of-year celebrations. But this year, there’s a new legal backdrop to consider: the Worker Protection (Amendment of Equality Act 2010) Act 2023, which comes into force in October 2024.
The new legislation places a clearer duty on employers to proactively prevent harassment, and social events—especially those involving alcohol—are high-risk scenarios for inappropriate behaviour.
Here’s what employers need to know to stay compliant and create a safe, inclusive atmosphere for all staff.
What Does the New Law Say?
The Act introduces a new legal duty on employers to take reasonable steps to prevent sexual harassment of employees in the workplace. While the existing Equality Act already makes harassment unlawful, this new provision shifts focus to prevention, not just punishment after the fact.
The key change:
From October 2024, if an employee is sexually harassed at work, an employer can be held liable not only if they fail to respond adequately—but also if they failed to take reasonable steps to prevent it in the first place.
This duty applies at all work-related events, including parties, client functions, team-building events, and off-site celebrations.
Why Office Parties Matter
Social gatherings—particularly those involving alcohol—can blur professional boundaries. Inappropriate comments, unwanted advances, and discriminatory jokes are among the most common risks.
While most employees enjoy these events responsibly, employers must recognise that such environments can give rise to conduct that breaches equality law.
Employers should take steps to minimise the risks of:
Sexual harassment or other forms of harassment (race, religion, age, disability, etc.)
Inappropriate behaviour linked to alcohol consumption
Power imbalances or misuse of managerial authority in social settings
Lack of clarity on acceptable conduct
Steps Employers Can Take Now
Employers should adopt proactive measures that align with the new duty. Here’s how:
✅ Update your anti-harassment policy
Make sure it’s current, covers social settings, and clearly sets out behavioural expectations. Include specific references to work-related events.
✅ Issue pre-party reminders
A gentle message ahead of any social event outlining the company’s expectations regarding behaviour can go a long way. Make it clear that policies apply at all work functions—even off-site or after hours.
✅ Train managers and team leads
Managers should understand their responsibility to set the tone and intervene early if they see inappropriate conduct.
✅ Consider alcohol limits or alternative event options
Think about how alcohol is served and whether your events cater to all employees, including those who don’t drink for religious, cultural, or personal reasons.
✅ Provide safe ways to report concerns
Ensure staff know how to raise complaints and feel confident doing so—either anonymously or directly.
👥 FAQs: Christmas Parties & the Worker Protection Act
Q: Does the new duty apply to events held outside the workplace?
A: Yes. The Act applies to all work-related events, regardless of location. If the event is organised or endorsed by the employer, it falls under the scope of the duty.
Q: Can we be liable for behaviour that happens after the event (e.g., at a pub)?
A: Possibly. If there’s a clear link between the after-party and the work event, or if staff feel compelled to attend, employers may still have responsibilities under employment law.
Q: Are we responsible for third-party harassment, like a client or customer making inappropriate comments?
A: The new Act originally included protections against third-party harassment, but that element was removed before it became law. However, employers should still take complaints seriously and act swiftly, especially if the conduct creates a hostile work environment.
Q: What counts as a “reasonable step” to prevent harassment?
A: This depends on your workplace context, but it typically includes up-to-date training, a clear policy, regular communication, and documented follow-ups. Not doing anything will almost certainly fall short of the standard.
Q: What are the consequences of failing to comply?
A: If a harassment claim is brought and the employer has not taken reasonable steps to prevent it, an employment tribunal can order compensation and, in some cases, increase the compensation by up to 25%.
Final Thoughts
The Worker Protection Act represents a significant shift in how employers must approach workplace culture and behaviour. Rather than reacting after the fact, the law expects employers to be proactive in preventing harassment and promoting a respectful environment.
As we look ahead to upcoming social events—whether it’s a summer BBQ or a December party—it’s vital that employers plan with both celebration and compliance in mind.
If you’d like help reviewing your policies, preparing pre-party communications, or conducting training, our employment law team is here to support you.