Festive cheer, not festive fear

With the festive season fast approaching, what steps should employers take to ensure that celebrations are fun, inclusive and safe?

The festive setting, alcohol and relaxed inhibitions can be a deadly combination at the work Christmas party. At best an employee may feel embarrassed for the way they behaved – at worst, they may face dismissal for gross misconduct.

Employers should be mindful of their duty of care to their employees which extends to work social events and their obligations to take reasonable steps to prevent sexual harassment in the workplace.

Legal Framework: What Applies at Work Events

The Equality Act 2010 states that employers may be vicariously liable for sexual harassment by employees “in the course of employment,” which typically includes work socials and off-site parties. The recent Worker Protection (Amendment of Equality Act 2010) Act 2023 requires employers to take reasonable steps to prevent sexual harassment of employees by employees and by third parties. Tribunals may uplift compensation by up to 25% if employers fail to demonstrate they took reasonable steps which includes taking proactive steps to set expectations for standards of behaviour and be prepared to deal with complaints of sexual harassment promptly and effectively.

Practical Steps (that won’t kill the vibe)

1. Set expectations regarding behaviour early – remind employees that if they are going to drink alcohol they should drink responsibly, communication and conduct should be respectful and inclusive. Behaviours like hugging and kissing may constitute unwanted conduct and should be avoided. Please see draft email below.
2. Carry out a risk assessment in relation to the party.
3. Plan the environment including venue and timing of the event.
4. At the party, offer plenty of alcohol-free options and food.
5. Avoid activities that marginalise or sexualise participants.
6. Help arrange travel home afterwards.
7. Designate trained contacts (male and female) who can intervene early in inappropriate interactions and situations. For example, where someone has had too much to drink, or is causing offence by their “banter” or conduct. An employer may wish to allocate a manager to accompany staff who wish to carry on partying after the event has finished.
8. Where there is an issue or a complaint, the matter should be documented promptly.
9. Train managers on how to address complaints and respond to any complaints promptly, sensitively and in line with policy.
10. Refresh policies and ensure that employees are aware of the reporting process in the event of a problem.  

What “Reasonable Steps” Look Like in Practice

• A current, communicated anti-harassment policy tailored to social events.
• Recent training for all staff, with enhanced training for managers.
• Clear reporting mechanisms and assurance against victimisation.
• Proportionate disciplinary processes and consistent follow-through.
• Risk assessment for the event (venue, alcohol, transport, guest list).

A Short Template Note to Send Before the Party

“We are looking forward to this evening’s festive celebrations.

[Set out the plan for the evening]

We want everyone to enjoy themselves, but please remember that our Christmas party is a work social event. You are therefore expected to behave professionally and be respectful and polite to your colleagues.  If you are going to drink alcohol, please drink responsibly and stay within the legal limit if you are driving home afterwards. If you have any concerns on the night, speak to [Named Contacts] or use [Reporting Channel]. Let’s make it a safe and enjoyable evening for everyone.”

The material contained in this article is provided for general purposes only and does not constitute legal or other professional advice. Appropriate legal advice should be sought for specific circumstances and before action is taken.

© Miller Rosenfalck LLP, November 2025