Sexual harassment: Work Christmas parties & your legal responsibilities

When the festive season comes around, work Christmas parties are the place for colleagues to let their hair down together as they celebrate another year’s hard work. The merriment is well-deserved and an important part of company culture, but this type of event also creates a risk for employers. Work socials tend to blur the lines between professional and personal, creating a space where inappropriate behaviour can happen.

It’s never acceptable to turn a blind eye to anything that could be considered sexual harassment. In fact, recent legal changes have increased employers’ responsibilities towards protecting their employees from sexual harassment and creating a safe work enviroment. This guide explains everything you need to know about the latest sexual harassment laws and what they mean for preparing for your work Christmas parties during mistletoe season.

 

Skip to:

• What does the law say about sexual harassment at work?

• How does sexual harassment law affect work Christmas parties?

• 6 ways to manage sexual harassment risks at your Christmas party

• What to do if sexual harassment takes place at your Christmas party

• Take a proactive approach to sexual harassment with Breathe

• Frequently asked questions about sexual harassment at work Christmas parties

 

What does the law say about sexual harassment at work?

 

The Equality Act 2010 protects people from sexual harassment at work. This UK law defines sexual harassment as “unwanted conduct of a sexual nature” that violates someone's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.

So, what might sexual harassment look like in the workplace? It’s important to know that sexual harassment doesn’t have to be intentional, and even a single incident can count as a violation. Acas gives the following examples in its sexual harassment guidance:

 

• Making sexual remarks about someone's body, clothing or appearance

• Telling sexually offensive jokes

• Making sexual comments or jokes about someone’s sexual orientation or gender reassignment

• Asking questions about someone's sex life

• Displaying or sharing sexual images or other pornographic content, including images generated by AI

• Touching someone against their will, including unwanted hugging

• Sexual assault or rape

 

Recent changes to sexual harassment laws

 

Since October 2024, employers have had a legal duty to take “reasonable steps” to prevent sexual harassment at work, such as introducing a sexual harassment policy or providing employee training, depending on the risks involved.

As of 30 October 2026, the legal requirement expands to “all reasonable steps” under the Employment Rights Act 2025. Employers must consider every reasonable precaution available to their business, rather than relying on the measures they've already introduced. What's considered reasonable will depend on the circumstances of each business and the risks its employees face.

 

There are three other changes employers should know about:

• Third-party harassment: As of 30 October 2026, employers can be held liable if a customer, supplier or another third party harasses an employee and the employer hasn't taken all reasonable steps to prevent it.

• Whistleblowing protection: Since 6 April 2026, disclosures about sexual harassment can qualify for whistleblowing protection, provided they meet the legal requirements. This gives employees protection against being treated unfairly or dismissed for making a qualifying disclosure.

• Employment tribunal claims: Since 1 October 2026, employees have longer to bring sexual harassment claims to an employment tribunal. The usual deadline has doubled from three months minus one day to six months minus one day for incidents occurring on or after that date.

 

For more information, we’ve put together a free mini webinar and handy checklist to help you understand the latest sexual harassment laws and what they mean for your business.

 

What happens if employers don’t prevent sexual harassment at work?

 

If your business fails to take all reasonable steps to prevent sexual harassment, the Equality and Human Rights Commission (EHRC) can take enforcement action. And if an employee successfully brings a related sexual harassment claim, an employment tribunal can increase their compensation by up to 25%.

 

How does sexual harassment law affect work Christmas parties?

 

Employers are legally responsible for taking steps to prevent sexual harassment during work Christmas parties and any other type of workplace celebrations. This is the case, even when these events are held outside normal working hours or at a different venue. Employers can also be considered liable for harassment committed by their employees, although the law provides them with a defence if they’ve taken all reasonable steps to prevent it.

And your responsibilities don't necessarily end when the official party finishes. For example, employees might continue celebrating at another bar or stay overnight after a company event. If sexual harassment takes place afterwards, leaving the official venue doesn't automatically put it outside your business's legal responsibilities.

 

A real-life example of sexual harassment at a Christmas party

 

In the 2023 employment tribunal case P v Crest Nicholson, a company was held responsible for sexual harassment involving a site manager at its Christmas party. During the event, the manager sexually harassed a female colleague in front of other employees. Another manager challenged his behaviour, but the incident wasn't escalated to senior management. Later that evening, the site manager raped a different colleague in her hotel room after leaving the party.

The tribunal found Crest Nicholson liable for the sexual harassment, including the incidents that took place away from the party venue. It also found that the company had failed to put reasonable safeguards in place to protect its employees. The case highlights why employers need to take inappropriate behaviour seriously at work social events, including incidents that happen after the official celebrations have finished.

 

6 ways to manage sexual harassment risks at your Christmas party

 

Keeping your people safe from sexual harassment should be a priority when planning your Christmas party. Here are six ways to reduce the risks and keep everyone safe and respected throughout the holiday celebrations.

 

1. Carry out a sexual harassment risk assessment

 

Before your Christmas party, think about what might put your employees at risk of sexual harassment and how you can protect them.

 

Acas recommends considering several risk factors that are particularly relevant to work social events:

• Alcohol: Could drinking increase the risk of inappropriate behaviour at your party?

• Power imbalances: Could employees feel uncomfortable challenging inappropriate behaviour from a manager?

• Travel and accommodation: Will employees be sharing transport or staying overnight after the event?

• Third parties: Will customers, suppliers or other guests be attending?

• Previous incidents: Have employees raised concerns about inappropriate behaviour at past events?

 

Once you've identified the risks, decide what you can do to reduce them and keep a record of the precautions you've agreed to. Your sexual harassment risk assessment should reflect your Christmas party plans and the circumstances of your business.

 

Need a helping hand? Try Breathe’s free sexual harassment risk assessment template, created in partnership with employment law and health and safety experts at Omny Group. It’s a great starting point for identifying risks and deciding on the best ways to protect your people.

 

2. Review your sexual harassment policy

Before your Christmas party, check that your sexual harassment policy is up to date and covers work-related social events, including any parties or get-togethers held outside normal working hours.

Your policy should explain:

• What sexual harassment looks like, with examples of unacceptable behaviour

• How employees can report concerns, including when their manager is involved

• How you’ll handle complaints and what support employees can expect.

It should also make clear that you take all complaints seriously, regardless of who's involved. Once you've reviewed your policy, share it with your team and remind everyone where they can find the latest version. Remember that having a policy is only one part of preventing sexual harassment. Your employees need to understand what’s expected, and your business needs to follow the policy to the letter.

Save yourself some time by downloading Breathe’s free harassment policy template. You can also learn more about how to create a bullying and harassment policy in this detailed blog.

3. Provide sexual harassment awareness training and pre-party refreshers

Sexual harassment awareness training is one of the reasonable steps employers should take to meet their legal duty to prevent sexual harassment. Training should be part of your ongoing approach to protecting employees, rather than something you arrange just before Christmas.

Effective training helps employees understand:

• What sexual harassment looks like

• How to recognise inappropriate behaviour

• How to respond if they experience or witness anything

• How to report any concerns (and an alternative contact if their concerns are about that person)

• What happens after someone makes a complaint

Training isn’t a one-and-done exercise, so consider whether your employees would benefit from a refresher before your next Christmas party. Use examples relevant to work social events, such as a colleague telling an inappropriate joke after a few drinks or making a comment about the cut of a colleague’s outfit.

Acas recommends setting clear standards of behaviour for work social events to make sure employees understand what's expected of them, so be specific about what’s unacceptable. Overall, you don’t need to make your Christmas party invitation sound like a disciplinary warning, but a friendly reminder beforehand can help everyone understand the boundaries and know where to turn if something goes wrong.

4. Brief managers on their responsibilities

Your managers have an extended role to play in keeping employees safe at your Christmas party. Make sure they all know how to recognise sexual harassment and what they should do if they witness any inappropriate behaviour at the event.

For example, if a manager notices an employee repeatedly making unwanted advances towards a colleague, they should step in immediately rather than dismiss it as harmless flirting.

Before the event, agree who’s responsible for handling any incidents and how managers should escalate their concerns in the moment. Remind them to take complaints seriously, even if the person involved is a senior colleague or someone they know well.

5. Consider the risks associated with alcohol

A few drinks are part and parcel of most work Christmas party plans, but alcohol can affect people's judgement and increase the risk of inappropriate behaviour. It’s worth thinking about how you'll manage drinking at your event without taking the fun out of the celebrations.

Depending on the party you’re hosting, you might:

• Limit free drinks: Consider offering drinks vouchers rather than an unlimited free bar.

• Provide alcohol-free options: Make sure there's a good choice of drinks for employees who don't want alcohol or those driving home later.

• Serve plenty of food: Arrange meals and snacks throughout the event, particularly if the celebrations start early.

• Avoid drinking games: Don't organise activities that encourage excessive drinking or put pressure on employees to join in.

You don't have to ban alcohol to protect your employees. But you should consider the risks associated with your event and remember that being drunk is never an excuse for sexual harassment.

6. Arrange for employees to get home safely

Travelling home after a work Christmas party can create additional risks of sexual harassment, especially if employees are sharing taxis or travelling with colleagues who've been drinking.

Here are a few precautions to consider:

• Plan transport arrangements: If you're organising taxis, avoid putting employees in situations where they have to travel alone with someone who's made them feel uncomfortable.

• Offer flexibility: Give employees the option to make alternative travel arrangements if they don't feel safe sharing transport.

• Consider overnight accommodation: If you're booking hotel rooms, arrange separate rooms and respect employees' privacy.

• Make it easy to leave: Let employees know they can leave the party early at any time, without having to explain themselves or facing pressure to stay.

You won't be able to manage every journey home, but thinking through these arrangements beforehand can reduce the risk of sexual harassment happening beyond the party venue.

What to do if sexual harassment takes place at your Christmas party

There are several ways you might become aware of sexual harassment at your work Christmas party. You might witness it yourself, have it brought to your attention by another employee, or receive a complaint from the person affected. However you find out about the incident, it's important to take it seriously and follow these steps.

Respond to complaints and offer support

If you witness sexual harassment, step in straight away if it's safe to do so. If someone reports an incident, listen to their concerns and give them time to explain what happened without jumping to conclusions.

Your first priority should be making sure the employee feels safe. Ask what support they need and consider whether you should separate the people involved or help someone leave the event safely.

If someone is in immediate danger or a serious crime is taking place, call 999. For other incidents that may be criminal, such as sexual assault, discuss reporting the matter to the police with the person affected and support their decision wherever possible.

Investigate allegations fairly and promptly

Once everyone is safe, try to establish what happened. Follow your business's sexual harassment or grievance procedures and arrange an investigation as soon as reasonably possible.

Speak separately to the people involved, including any witnesses, and gather relevant evidence, such as messages or CCTV footage. Keep information confidential and give the person accused of harassment a fair opportunity to respond.

Decide on appropriate action and next steps

You may need to take immediate steps to protect your employees while the investigation is ongoing, such as limiting contact between those involved or considering suspension where necessary. If the police are investigating the incident, take care not to interfere with their enquiries.

Once your investigation is complete, decide what action to take based on the findings. If disciplinary action is appropriate, follow your usual procedures and make sure your decision reflects the seriousness of the incident. If you’re unsure about the disciplinary process, Breathe’s free Employment Law essentials for line managers course includes a dedicated module to help you understand your responsibilities.

Explain the outcome to those involved, while respecting their confidentiality. Check in with the employee who raised the concern and make sure they're not treated unfairly for speaking up.

Finally, review your sexual harassment risk assessment and consider whether you need to introduce any additional precautions to prevent similar incidents in the future.

Take a proactive approach to sexual harassment with Breathe

There's plenty to organise in the run-up to Christmas, from booking the venue to planning the festive menu. But keeping your people safe should be top of your Christmas list.

With Breathe, managing the HR side of your business is brilliantly simple. Our easy-to-use tools help you take practical steps to protect your people, giving you one less thing to worry about during the festivities.

• Manage risks with Breathe Health & Safety. Create and review sexual harassment risk assessments, assign actions and set reminders to prep for your Christmas party.

• Get everyone up to speed with Breathe Learn. Assign sexual harassment awareness training and track completions so you know who's completed their training before the celebrations begin.

• Keep your policies close to hand. Store your sexual harassment policy securely, share updates with employees and track who's read and acknowledged them.

• Make finding answers easier with Breathe AI. Help employees find information in company policies using Breathe's AI assistant.

While no software can guarantee a harassment-free Christmas party, Breathe can help you manage your preventative responsibilities throughout the year. Ready to take the stress out of HR? Take a free 14-day trial of Breathe today.

Frequently asked questions about sexual harassment at work Christmas parties

What are some examples of inappropriate sexual comments in the workplace?

Inappropriate sexual comments in the workplace include (but are not limited to) remarks about someone's body or appearance, sexually suggestive jokes and intrusive questions about their sex life. Even comments intended as compliments or harmless banter can constitute sexual harassment if they're unwanted and violate someone's dignity or create an offensive environment.

Is an office Christmas party inappropriate?

No, an office Christmas party doesn’t have to be inappropriate. It's a chance for colleagues to celebrate their achievements and enjoy some time together outside of their usual working environment. But employers must take all reasonable steps to prevent sexual harassment, including at work-related social events.

Can an employer be held responsible for sexual harassment at a Christmas party?

Yes, employers can be responsible for sexual harassment committed by employees at work Christmas parties, even when these events take place outside of normal working hours. Under the Equality Act 2010, employers have a legal defence if they can demonstrate that they took all reasonable steps to prevent the harassment.

Does sexual harassment have to happen at work to count?

No, sexual harassment doesn't have to happen in the workplace to count as work-related harassment. Incidents at Christmas parties, work trips or other employment-related events may fall within the Equality Act 2010. Whether an employer is liable depends on the circumstances and the connection to employment.

Can an employee be dismissed for sexual harassment at a work Christmas party?

Yes, an employee can face disciplinary action, including dismissal, for sexual harassment at a work Christmas party. Depending on the seriousness of the incident, the behaviour may amount to gross misconduct. Employers should investigate allegations fairly and follow an appropriate disciplinary process before deciding what action to take.