Christmas party season is nearly here.
For many businesses, that means a chance to celebrate the year, thank the team and enjoy some well-earned time together. But add alcohol, a more relaxed atmosphere and the usual workplace boundaries becoming a little blurred, and the Christmas party can also create HR risks that employers shouldn’t overlook.
This year, there is another important reason to think ahead.
From 30 October 2026, employers have a strengthened legal duty to take all reasonable steps to prevent sexual harassment of their employees.
So, before you book the bar tab and dust off the Christmas jumper, it is worth asking: have you thought about the risks before the party starts?
What’s changed?
Employers have had a preventative duty in relation to sexual harassment since October 2024. That originally required employers to take reasonable steps to prevent sexual harassment.
The law has now gone further.
From 30 October 2026, employers must take all reasonable steps to prevent sexual harassment. The emphasis is very much on prevention. It is no longer enough to simply have a policy tucked away somewhere and respond appropriately if something happens.
Employers should be actively considering:
- Where could sexual harassment happen?
- Who might be particularly vulnerable?
- What preventative measures could we reasonably put in place?
- Do our employees and managers understand what is expected?
- Do people know how to raise a concern?
- Have we considered risks involving clients, customers or other third parties?
That last point is particularly important. The new protections also strengthen employers’ responsibilities where harassment comes from third parties, such as customers, clients, contractors and members of the public. And yes, these responsibilities are relevant to work-related social events too.
“But it happened at the Christmas party…”
Moving the team from the office to a restaurant, hotel or bar doesn’t automatically remove the workplace connection.
A work Christmas party is still a work-related event, and employers should consider sexual harassment risks when planning it.
Sexual harassment is unwanted conduct of a sexual nature which has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
At a Christmas party, that could potentially include:
- sexual jokes or comments
- unwanted touching
- comments about someone’s body or appearance
- inappropriate propositions or flirting after someone has made it clear it is unwanted
- intrusive questions about someone’s personal or sex life
- sexually suggestive messages or images
- behaviour towards colleagues encouraged or exacerbated by alcohol
“It’s only banter” isn’t much of a defence if the behaviour is unwanted. Neither is “everyone had been drinking”.
Alcohol changes the risk, not the standard
Nobody wants to turn the Christmas party into a compliance seminar. But alcohol is an obvious risk factor employers should consider. An unlimited free bar, drinking games or a culture where employees feel pressured to drink may increase the likelihood of inappropriate behaviour.
That doesn’t mean cancelling the party or removing alcohol altogether. It means making sensible decisions.
Provide plenty of non-alcoholic options. Avoid creating pressure to drink. Think carefully about unlimited alcohol. Make sure managers understand that they still have responsibilities during the event.
And remember that seniority doesn’t disappear after the second glass of prosecco. Power imbalances between managers and employees remain relevant, even when everyone is socialising.
What should employers do before the Christmas party?
A few practical steps can make a big difference.
- Risk assess the event
Think specifically about the Christmas party rather than relying solely on a general workplace risk assessment.
Consider the venue, alcohol, travel arrangements, lone working or travelling home, interactions with members of the public, and any existing workplace dynamics that could increase risk.
Document what you’ve considered and what you’re doing about it.
- Check your policies
Make sure your anti-harassment or dignity at work policies are up to date and employees know where to find them.
A policy isn’t enough on its own, but it is an important part of demonstrating the standards expected within your organisation.
- Remind employees of expectations
You don’t need a three-page warning email that kills the festive mood before anyone arrives.
A simple reminder before the event can be enough to reinforce that it is a work-related event, normal standards of conduct still apply, and inappropriate behaviour won’t be tolerated.
- Brief your managers
Managers should know what to do if they witness inappropriate behaviour or somebody raises a concern with them.
They shouldn’t ignore something because it is “outside work” or wait until Monday if an employee needs immediate support.
- Think beyond your own employees
If your celebration takes place in a public venue, employees may interact with bar staff, customers, clients, suppliers, entertainers or other third parties.
The strengthened harassment protections mean third-party risks should form part of your thinking too.
- Make reporting routes clear
Employees need to know who they can speak to if something happens, particularly if their usual manager is involved.
Providing more than one reporting route can help employees feel able to raise concerns.
- Take concerns seriously
If somebody does raise an issue following the party, don’t dismiss it as drunken behaviour, banter or something that happened “outside work”.
Listen, document the concern and follow an appropriate process.
Prevention doesn’t mean cancelling Christmas
The answer isn’t to stop organising Christmas parties.
It is to plan them properly.
Most employers want their employees to relax, have fun and celebrate together, and most Christmas parties will pass without incident.
The legal duty is about recognising foreseeable risks and taking sensible, proactive steps to reduce them.
A short risk assessment, appropriate policies, meaningful training, clear expectations and managers who know how to respond are far more valuable than simply hoping everyone behaves themselves.
The best Christmas party HR issue is the one you prevented from happening in the first place.
Need help getting ready for the festive season?
If you’re unsure whether your policies, training or risk assessments meet the strengthened sexual harassment requirements, Nectar HR can help you review what you’ve got in place and identify any gaps before the festivities begin.
Because Christmas parties should be memorable for the right reasons.