Employee settles Christmas party harassment case for £36,000

An employee has settled a harassment case against a colleague and her employer for a total of £36,000.

The case against the colleague accused of harassment was settled for £21,000, with a further settlement of £15,000 agreed with the employer. Employees should be made aware that they can be held personally liable for acts of harassment against colleagues.

Organisations should take the following steps ahead of any Christmas parties this festive season:-

  • Remind employees of their rights and obligations under relevant policies – e.g. Equal Opportunities, Anti-Bullying & Harassment / Dignity at Work
  • Remind employees that the Christmas party is an extension of the workplace and that everyone is to be treated with dignity and respect at the party in the same way as would be expected during a working day
  • Remind employees that they can be held personally liable for acts of harassment
  • Encourage employees to challenge any behaviour they feel is inappropriate and to report concerns to managers in attendance
  • Appoint a senior manager (or a few senior managers) to keep an eye on how people are behaving and to step in quickly to correct any comments or behaviour that may be straying into dangerous territory
  • Don’t pay for unlimited amounts of alcohol – buying a drink or two is fine but if something goes wrong, a court or Tribunal will take a dim view of an employer who provided a free bar and left employees unsupervised.
  • Remind employees that any reports of bullying and harassment will be thoroughly investigated and, if upheld, will be treated as gross misconduct and may lead to dismissal
  • Provide training or refresher training on dignity at work / anti-bullying and harassment for employees ahead of the Christmas party.

This advice is not intended to take the fun out of the Christmas party, which should be a fun time for colleagues to socialise together. Instead, this advice is intended to ensure that everyone can relax and enjoy themselves, knowing what is expected of them and their colleagues in terms of how each other should be treated at the Christmas party.

More details of the facts of the case that led to the £36,000 settlement can be found on this page

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