The office Christmas party. A time to share seasonal goodwill. An opportunity to reflect and celebrate with colleagues.
In my younger years the Christmas office party, or indeed any opportunity to socialise with colleagues and enjoy a free drink, or two, with my peers filled me with genuine excitement. Sadly the excitement waned over the years and was replaced with feelings of trepidation and anxiety. There were always the usual suspects who drank too much and became a little ‘loose-lipped’ allowing everyday tensions and emotions to spill into the public arena. I witnessed indiscretions between colleagues and behaviours which I have no doubt were regretted in the sober light of day.
Owing to my seniority there was an expectation that I attend social events and a certain amount of pressure to be seen as a ‘team player’ which appeared to comprise being seen to be the last person to vacate the hotel bar!
I had to hold my own in a very male-dominated environment and so I capitulated. I attended social and networking events whenever asked, staying overnight in the company of people, predominantly male, with whom I had never previously met, propping up the bar until the early hours. I ‘played the game’ and in so doing was, on several occasions, placed in compromising situations which left me feeling uncomfortable and unsafe. I didn’t feel able, nor did I have the courage to speak out for fear of upsetting client relationships or damaging my career progression. Instead, I would analyse my clothing choices. Too short? Too tight? And adopted crafty tactics which would allow me to limit my alcohol intake without others noticing.
The final straw came when I was forced to barricade myself in my hotel room because I was so fearful for my safety following the overzealous advances of a drunken client that was witnessed by colleagues but about which no one felt able at the time to intervene.
Following the incident, my employer was very supportive and took appropriate action. This incident was the catalyst for change for me, and I hope for my employer. For these reasons, this reported case resonated with me and, I suspect will resonate with many other women. It made me realise how lucky I was and how different the outcome could have been.
In the case of P v Crest Nicholson plc and Crest Nicholson Operations Ltd an Employment Tribunal upheld a woman’s claim of harassment against her employer Crest Nicholson following her rape by a manager following an office Christmas party in November 2019.
There was an expectation for staff to attend the event which began at 1 pm. A free bar was provided and drinking was actively encouraged. The woman’s manager was reported as becoming ‘touchy-feely’ with a female colleague and despite a gradual escalation of his inappropriate behaviour during the course of the day, no one did anything to intervene, other than another manager, who immediately backed down when threatened with violence.
Both the Claimant and the manager reportedly became intoxicated. The Claimant made her way to her own pre-booked hotel with the manager where she reported having been sexually assaulted by the manager.
The woman reported the assault to her manager two weeks later, and the manager who assaulted her was suspended and later dismissed.
The woman pursued a claim of harassment under the Equality Act 2010 asserting, in summary, that the manager’s actions were done in the course of his employment and that the company “failed to put reasonable safeguards in place for staff at the Christmas party.”
The Employment Tribunal upheld the woman’s claims of sexual harassment.
The Respondent is reported to be appealing the judgement.
I am not suggesting alcohol be banned at work functions. Nor am I calling for the end of the Christmas party. I am glad to say that I now look forward to a work social event – and a free drink! However, this case highlights the importance that employers must recognise they have a responsibility for ensuring that they provide a safe and inclusive environment for work social events.
Employers should remind employees (and other attendees) of acceptable standards and that they will operate a zero-tolerance policy for any incidents of errant behaviour. Only then will women (and men) feel able to report inappropriate behaviours, colleagues feel able to intervene and hopefully tragic cases such as this will be confined to the past.
This blog was written by Kate Lea, Senior Solicitor at didlaw.
