Ah, the office social event – a time for team bonding, laughter and perhaps a cheeky drink or two. Whether it is a festive Christmas party, a company day event or a simple after-work gathering, these events are a fantastic way to boost morale and foster team spirit. However, they can also be a minefield for concerning behaviour if not managed correctly. As employers, we try to ensure these events are enjoyable and fun. At the same time, employers – in Hong Kong and anywhere else in the world - must be mindful of their legal obligations, particularly concerning discrimination and harassment.
Here are some top tips to help navigate the tricky terrain of office social events and prevent sexual harassment.
Do's
- Set Clear Expectations: Remind employees before the event that the standards of behaviour expected in the workplace extend to social events. Circulate the company's anti-harassment policies and make clear that inappropriate behaviour will not be tolerated.
- Monitor Alcohol Consumption: While a glass of wine or a pint of beer may help people relax, excessive alcohol can lead to poor judgment and inappropriate behaviour. Consider limiting the amount of alcohol served or providing plenty of non-alcoholic alternatives. Encourage responsible drinking and have measures in place to handle any issues that arise.
- Designate Contacts: Appoint designated contacts or supervisors who can be approached if any employee feels uncomfortable or witnesses inappropriate behaviour. Ensure these contacts are easily identifiable and approachable during the event.
- Plan for Safe Transport: If the event is off-site, employers may wish to arrange transport options for employees to get back to their home or hotels safely after the event. This also shows that the employer cares about the wellbeing of its employees.
Don'ts
- Don't Overlook the End of the Party: Make it clear when the official event has ended and that any follow-up "after-parties" should not be considered work-related events. This helps to minimise the risk of inappropriate behaviour and potential liability for the company.
- Don't Allow Inappropriate Costumes: If your event involves fancy dress, remind employees to avoid costumes that could be offensive or inappropriate. This includes anything that could be seen as culturally insensitive or overly revealing.
- Don't Ignore Inclusivity: Ensure the event is inclusive and accessible to all employees. Choose a venue that complies with accessibility standards and provides necessary facilities. Be mindful of dietary restrictions and cultural sensitivities when planning activities, decorations, and entertainment.
What is sexual harassment?
Sexual harassment can take many forms, including unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature. It can be as overt as inappropriate touching or as subtle as suggestive comments or jokes. It is important to remember that what one person may consider harmless fun, another may find deeply offensive. At the end of the day, intention does not matter. Where a reasonable person, having regard to all of the circumstances, would expect that the person would be offended, humiliated, or intimated by the unwelcome sexual conduct, such conduct is deemed to be sexual harassment.
Shielding Your Business: Safeguarding Your Company from Vicarious Liability
Employers must be particularly vigilant because they can be vicariously liable for acts of their employees under Hong Kong anti-discrimination law. Vicarious liability means that an employer can be held legally responsible for the actions of their employees if those actions occur in the course of employment. This underscores the importance of maintaining a safe and respectful environment at all company events, as any failure to do so could result in legal consequences for the company.
- Clear Policies and Training: Ensure your anti-harassment policies are up-to-date and that all employees are aware of them. Regular training sessions can help reinforce these policies and ensure everyone understands their responsibilities.
- Encourage Reporting: Create a safe and supportive environment where employees feel comfortable reporting any incidents of harassment. Ensure they know how to report issues and that their concerns will be taken seriously.
- Take Action: If an incident does occur, take immediate and appropriate action. This not only addresses the issue at hand but also sends a clear message that harassment will not be tolerated.
By following these do's and don'ts, you can help ensure that your office social events are enjoyable, inclusive, and free from harassment. So go ahead, plan that fabulous party, but keep these tips in mind to make sure it's a hit for all the right reasons!
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
