It’s nearly Christmas
The festive season can see HR tackling rogue Secret Santa gifts and out-of-hand office parties during the festive seasons.
In this edition of The Legal Low Down, we provide top tips for celebrating the festive season without the HR Headache, an Early Christmas gift from ACAS, plus updates from our team.
What is Sexual Harassment
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 for someone.
This includes actions like inappropriate comments about someone’s clothes, offensive jokes and non-consensual touching.
Sexual harassment also extends to online actions such as social media posts, messages, emails, voice notes and phone calls.
Office Parties and Sexual Harassment
Since October 2024, an employer’s exposure for liability for sexual harassment claims has changed with the introduction of the Worker Protection (Amendment of Equality Act 2010) Act 2023.
Employers are now legally required to take reasonable steps to prevent sexual harassment of their employees. This duty extends to harassment from third parties, such as clients, customers and suppliers.
This also includes conduct in any work event or situation such as Christmas parties, client events, networking events or messaging between colleagues.
This new duty requires employers to anticipate harassment and take proactive action compared to a reactive response, regardless of whether a complaint has been made.
If an employer faces an Employment Tribunal claim and fails to meet this new duty, the Employment Tribunal can order that the employer pays up to a further 25% in compensation to the claimant.
What can Employers do?
The Government reported in 2020 that 72% of people in the UK experienced at least one form of sexual harassment in their lifetime.
Unwelcome sexual jokes and staring were the most common forms of sexual harassment experienced in the workplace.
Employers should have robust procedures in place to prevent sexual harassment in the workplace as follows:
- Ensure your sexual harassment policy is compliant.
- Ensure your anti-bullying and harassment policy is compliant.
- Ensure you have an effective plan and risk assessment in place to minimise inappropriate behaviour at any work event or party.
- Ensure invitations to social work events are sent to all employees; including those on parental leave or sick leave to avoid claims of disability discrimination, sex discrimination and constructive dismissal.
- Ensure the location is accessible and can cater for any dietary requirements (e.g. Halal) to avoid claims of disability or religious discrimination.
- Circulate your anti-bullying and sexual harassment policies and send a reminder to your staff regarding the standards of behaviour expected by the Company.
You may wish to make your social media policy clear that online harassment is also not tolerated, including using work or personal devices.
ACAS: Early Conciliation Changes
The Government has given us an early seasonal surprise!
This month the Government published the draft Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025.
So as you open the first door of your advent calendar this year, 1st of December will also bring an increase in the ACAS Early Conciliation window from 6 weeks to 12 weeks.
This change will apply to all claims where early conciliation starts on or after 1st December 2025.
A gift of time to hopefully reduce the number of Employment Tribunal claims under the tree this year!
CMP NEWS & EVENTS
Go Pink for Ashgate
We are proud to have sponsored Go Pink for Ashgate Hospice in October and raised a further £250.
With the recent announcement from Ashgate Hospice about reducing inpatient beds and team changes due to funding
pressures, it’s clearer than ever how important it is for our community to come together and help.
We would be grateful if you could continue supporting Ashgate Hospice with their Act Now for Ashgate Appeal to
help raise awareness and support this incredible cause.
If you would still like to donate, please follow the just giving link below.
https://www.justgiving.com/page/cmp-legalgo-pink-for-ashgate?utm_medium=FA&utm_source=CL
Celebrating 10 Years of Art Works
Stacey Pocock joined ArtWorks to celebrate their 10th birthday, marking a decade of creativity, inclusion and support for adults with learning disabilities on 14 November.
ArtWorks provides a safe and inspiring environment where individuals can express themselves, build confidence and connect through art. The atmosphere at their celebration was full of energy, colour and positivity, a true reflection of the charity’s incredible work.
We are proud to support ArtWorks and all they do for our community.
Free Employment Law Health Check
Why not take advantage of our free Employment Law Health Check? We’ll review your HR documentation, handbooks, contracts, policies, etc., to make sure everything’s up to date and legally sound. Let us take care of the legal details so you can focus on running your business.
Employment Law and HR Retainers
We offer a range of annual subscription employment law support packages, provided by experienced employment lawyers to give you complete peace of mind as you prepare for the Employment Rights Bill coming into force next year.
Our packages are offered on a competitive fixed fee basis and all include day to day employment law support delivered by experienced employment lawyers as you navigate the new legal landscape.
Our packages are bespoke, therefore we can also include customised training and documentation, such as new and up to
date staff handbooks, policies and contracts.
With significant changes expected next year, now is the ideal time to strengthen your employment law foundations. Please
get in touch with Lauren Pickard via email at lauren.pickard@cmp.legal to find out more.
