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With the Christmas party season underway, in addition to the usual considerations around health and safety and alcohol-induced inappropriate behaviour, do you now need to conduct a sexual harassment risk assessment?

The Equality and Human Rights Commission (EHRC) has stated that you’re unlikely to be able to comply with your new duty to prevent sexual harassment unless you’ve carried out a sexual harassment risk assessment. Your duty applies to all types of sexual harassment risk in the workplace, including at work-related social events such as office parties.

When it comes to risk assessing your Christmas party, follow the same approach as your workplace sexual harassment risk assessment, i.e. (1) identify the risk areas – anticipate the scenarios when staff may be subjected to sexual harassment; (2) consider what steps you could take to minimise those risks; (3) consider which of those steps it would be reasonable to take; and (4) implement those reasonable steps. Some of the risk areas may include:

  • the presence of alcohol
  • a free bar
  • more mixing of senior and junior staff
  • the presence of third parties at the event, such as clients or bar staff
  • other office parties taking place at the same venue at the same time (if it’s a shared venue), or the venue also being open to members of the public
  • overnight hotel stays
  • taxi sharing home
  • after-parties

Whilst you won’t be able to totally eliminate the risks, there are steps you can take to minimise them, such as:

  • emailing staff in advance of the party to set out clear expectations about appropriate behaviour
  • making clear that party attendance is optional
  • appointing a couple of (sober) managers to monitor staff and to be points of contact for problems during the party
  • restricting alcohol consumption if you are providing free alcohol
  • ensuring that food is available
  • prohibiting after-parties
  • ensuring staff have made appropriate arrangements to get home, with options other than taxi sharing
  • checking that the venue has undertaken a sexual harassment risk assessment and has a dignity at work policy in place