The mandatory duty on UK employers to take reasonable steps in preventing sexual harassment in the workplace became effective as of 26 October 2024. With the festive party season upon us, preventative frameworks and safeguarding protocols will be put to the test for most companies during this time.
The festive period is traditionally a time for seasonal celebration and team bonding. However, these events often involve significant levels of intoxication which may also present risks for employee misconduct to occur where professional boundaries can become blurred. According to a Chartered Management Institute (CMI) survey from December 2023, nearly 30% of managers have observed inappropriate behaviour or harassment at workplace gatherings, and 42% of managers believe that workplace social events should focus on activities that do not include alcohol.1 Although organisations may have initially considered work-social events to be out of bounds in managing harassment risk, the preventative duty stipulates that organised work events which occur outside of the workplace but committed “within the course of employment” could be considered connected to work. Therefore, acts of sexual harassment in these settings, according to the EHRC's guidance (paragraph 3.48), would be included in the preventative duty for UK employers.2
Preventative Steps To Take Pre-Event
Organisations have a duty of care to prioritise the safety and well-being of employees, including at work functions and events. The following measures can be considered to remind employees of the company’s expectations when attending work events and ensure employees are mindful of their actions in the lead-up to the festive season.
Training Re-caps
As part of the preventative duty requirements, mandatory compliance training specific to sexual harassment risk and how to detect and report it should already be implemented within the organisational framework. However, communicating learning modules associated with this training in the lead-up to the party season is advisable to demonstrate the company’s zero tolerance for sexual harassment and to encourage employees to be aware of this behaviour. This will not only encourage employees to act responsibly but will also remind them of how to detect incidents of sexual misconduct during work events.
Communicate Expectations Clearly
Communicating clear expectations of employees during events is paramount in ensuring professional boundaries are set and any scenario outside of these boundaries will be investigated. The communication should be sent by senior leadership to further demonstrate the organisation’s stance on preventing sexual harassment and how seriously it takes incidents of misconduct. Equally, leadership communication will strongly emphasise the company's steadfast commitment to upholding a safe and respectful work environment. Reference to existing training modules and content can be incorporated into this communication to further highlight company expectations and ensure all employees know what constitutes sexual harassment, in order to easily detect it.
Test the Efficacy of Your Reporting Mechanisms
Organisations should use this period to ensure that reporting mechanisms are operating effectively for sexual harassment disclosures. Engagement with employees or deploying short surveys prior to events taking place can be a useful way to test how aware employees are of reporting channels and whether these need to be adapted before events take place.
A policy alone is not enough. Reporting mechanisms are a lifeline for those reporting harassment and/or abuse and this needs to be accessible but also appropriate for receiving sensitive information.
Investigating Incidents Post-Event
Triaging Allegations
When incidents occur, it is vital to respond to allegations in a timely manner. Assessment of risk and impact, as well as the credibility of disclosures being made, is important in the triaging process as not all disclosures may warrant a full investigation. Having a triaging process will also ensure that efforts are prioritised. You may experience challenges in individuals being able to accurately recollect behaviour and/or incidents where there has been significant consumption of alcohol. Ensuring a proportionate sample of witnesses will be crucial in identifying potential sources of evidence to accurately assess whether the allegations are corroborated or refuted.
Trauma-Informed Interviews
Interviews are an important investigative tool when conducting investigations into sexual harassment. Particularly at events, emphasis will be on what people observed, heard, and/or experienced. Potentially traumatic events must be recalled to achieve quality and quantity of evidence which can help you to draw definitive conclusions. If not conducted in the right way there is a risk of causing further harm to the individual(s), creating further reputational and legal exposure to the organisation. Trained investigators are required to undertake sensitive interviews where potential trauma has occurred.
If your organisation would like advice on assessing your preventative framework, bespoke training in how to navigate sexual harassment investigations, or require internal investigation support, please contact conduct@ankura.com. Relatable content can be found here.
[1]Don’t make booze the ‘main event’ at work Christmas parties after survey found a third of managers witnessed bad behaviour - CMI (Chartered Management Institute)
[2] Sexual harassment and harassment at work: technical guidance | EHRC
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© Copyright 2024. The views expressed herein are those of the author(s) and not necessarily the views of Ankura Consulting Group, LLC., its management, its subsidiaries, its affiliates, or its other professionals. Ankura is not a law firm and cannot provide legal advice.
