Christmas Parties and Sexual Harassment : Managing Festive Season Risks Under the Worker Protection Act.

The festive period is often framed as a reward for a long year: parties, client dinners, overnight stays and “team bonding” over drinks. Yet those same ingredients also create a perfect storm for sexual harassment risk, especially under the Worker Protection Act’s new proactive duty to prevent harassment. For many employers, December is when blurred boundaries, alcohol, and power dynamics collide with legal obligations in a very real way.

Office space decorated for holiday party with festive lights and table settings

The Worker Protection Act: Why December Matters More

The Worker Protection (Amendment of Equality Act 2010) Act introduced a specific duty on employers to take “reasonable steps” to prevent sexual harassment, rather than simply reacting once something has gone wrong. In practice, that means your approach will be judged on what you did before an incident, not just how you responded afterwards.

Festive events are very much in scope because the law looks at whether conduct is “in the course of employment”, which can extend to work‑related dinners, parties, travel and overnight stays. Employers who treat the Christmas party as “off‑duty” time are likely to find that tribunals – and employees – take a different view.

Why Festive Events Amplify Risk

Several factors make the festive period uniquely high‑risk for sexual harassment, even in organisations with otherwise healthy cultures.

• Increased number of events: Christmas parties, team dinners, client functions, offsites and “thank you” drinks all multiply the number of contexts where things can go wrong.

• Alcohol and disinhibition: Free bars, rounds of shots or drinking games often lower inhibitions and impair judgement, which can escalate from “banter” to harassment very quickly.

• Blurred boundaries: Hotel stays, late‑night travel, after‑parties and social media interactions extend work relationships beyond typical hours, making it harder for employees to assert boundaries.

• Power and career dynamics: Juniors may feel pressured to attend and “play along” to stay visible, even when they feel uncomfortable or unsafe.

  
  

When these elements combine, the likelihood of inappropriate comments, unwanted touching, “jokes” with sexual content or coercive behaviour rises sharply. So does the risk of grievances, investigations and litigation.

Reasonable Steps: What Good Looks Like This Season

Under the new prevention duty, a generic policy on your intranet is unlikely to be enough. “Reasonable steps” are contextual, but for the festive season HR and leaders should be able to point to specific, proactive actions such as:

• Reiterating your expectations through pre‑event communications that clarify set expectations around behaviour, alcohol, respect and consequences – framed in plain language, not just legalese.

• Refreshing and re‑circulating your anti‑harassment policy, making explicit that it applies to work‑related social events, travel and online interactions linked to those events.

• Briefing managers so they understand their role as culture carriers on into the night: modelling behaviour, intervening early, and ensuring people get home safely.

• Designing events thoughtfully – for example, having non‑alcoholic options, avoiding “forced fun” that centres on drinking or body‑focused games, and considering accessibility and inclusion.

• Making reporting routes visible and psychologically safe, including anonymous channels where appropriate, and reassuring employees they will be taken seriously.

  
  

These steps not only mitigate legal exposure but also signal clearly what your organisation stands for, which is critical in moments where power and vulnerability intersect.

Course of Employment: Work Doesn’t End at the Party Venue

Tribunal case law repeatedly shows that “course of employment” can extend beyond the physical office and standard working hours. That means employers can be vicariously liable for harassment at after‑parties, in hotel bars, or even in taxis home where there is a link to work or a work event.

From a practical standpoint, this requires HR and leadership teams to think beyond the formal invite. If the Christmas party regularly morphs into an unofficial after‑party, or if managers habitually move on to another venue with select team members, those spaces may still carry employer risk.

Practical Actions HR Can Take This Week

For HR leaders who are already stretched, the aim is not perfection but targeted action before and during the festive period. Over the next few weeks, consider:

• Conducting a rapid risk assessment of planned events, identifying high‑risk elements (e.g. late finishes, travel, closed‑door hospitality, lots of alcohol).

• Issuing a clear, values‑driven message from senior leadership that reinforces expectations and support, not fear and blame.

• Running a short, focused briefing or micro‑learning for managers on handling inappropriate behaviour in the moment and supporting disclosures afterwards.

• Checking your investigation and grievance routes are fit for purpose, timely, and do not inadvertently penalise those who come forward.

  
  

Even modest interventions can make a meaningful difference, both in preventing harm and evidencing that reasonable steps were taken.

Using the Festive Season as a Culture Reset

While the immediate concern is risk, the festive season is also an opportunity to reinforce the culture you want to be known for. Employees notice how leaders behave, what gets challenged and what gets quietly ignored when the music is loud and the drinks are flowing.

Approaching this period through the lens of the Worker Protection Act is not about “killing the party”; it is about ensuring everyone can participate without having to trade safety or dignity for inclusion. Done well, this season can strengthen trust, not erode it.

Need support this festive season?

If your organisation is unsure how the Worker Protection Act and the new prevention duty apply to your festive events, or you are already dealing with concerns around sexual harassment, Protean HR can help. Support includes reviewing your policies and communications, stress‑testing your approach to “course of employment”, and equipping leaders to handle issues confidently and compassionately.

Get in touch today to discuss tailored support for your organisation, whether you need a one‑off festive risk review or broader advice on building a safer, more accountable culture.