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Festive Insights

3 December 2025

The festive season is a time for joy, connection and celebration. Work social events, whether Christmas parties, drinks after work or team dinners are likely to be legally considered an extension of work. That means that employers can be held liable for misconduct that occurs at these gatherings.
 

Video 1: Understanding the Risks

In the first of our festive season videos, Partners Nikola Southern and Sandra Paul, with Senior Associate Ben Atkin, outline the risks employers face around sexual misconduct at work-related social events. They show how seemingly ordinary behaviour can amount to harassment or assault, especially when alcohol blurs boundaries. The video highlights criminal liability, reputational damage through social media, and regulatory consequences, while also stressing that Christmas parties are legally an extension of the workplace and that, since October 2024, employers have a proactive duty to prevent sexual harassment.

 

Video 2: Carrying Out a Risk Assessment

In the second video of our festive season series, Senior Associate Francesca Lopez explains how employers can fulfil their duty to prevent sexual harassment by conducting a risk assessment. She outlines why this step is essential, based on guidance from the Equality and Human Rights Commission, and how it helps anticipate and mitigate risks at work-related social events.

 

Video 3: Ten Practical Tips for Safer Celebrations

In the final video of our festive season series, Legal Director Bina Patel outlines ten practical steps employers can take to mitigate the risks of misconduct at workplace social events. Building on the legal duties and risk assessment covered in the first two videos, this session focuses on clear, actionable measures.

Together, these tips provide employers with a practical toolkit to keep celebrations safe, inclusive, and compliant.

 

Sexual misconduct in the workplace - Knowledge hub

Sexual misconduct in the workplace - Knowledge hub

EHRC consultation: Updated guidance on sexual harassment

The Equality and Human Rights Commission (EHRC) has launched a consultation on its long awaited updated technical guidance on sexual harassment and harassment at work.

Misconduct in the (cyber) workplace

Employers and HR managers have a myriad of issues to think about in the wake of Covid-19 and understandably may even have postulated that #metoo related challenges might fall down the list. In fact, however, misconduct and harassment risks have not entirely disappeared. They have merely morphed into another form, now largely online.

Lawyers must fix the problems with gagging orders before it is too late

The confusion must be cleared away and guidance established if these deals are to remain trusted and useful, writes Iain Miller for The Brief.

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The ripple effect: the family law consequences of allegations of sexual misconduct in the workplace

Two years on from the start of the #MeToo movement, many of those involved in the often high profile harassment cases which came to light as a result are continuing to see repercussions, including beyond the complainant and accused when marriages are impacted and it can have significant relevance to the financial aspects of the divorce proceedings.

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Facing a sexual misconduct allegation at work: the importance of your first account

Facing any accusation of misconduct at work is difficult, but allegations of sexual misconduct are particularly distressing. In this blog, Kirsty Churm and Matthew Hardcastle address the importance of an employee's first account and how to prepare if given advanced warning.

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Two years after #MeToo: is there a case for banning relationships at work?

The current discussion around the dismissal of McDonald's boss, Steve Easterbrook has focused attention on a very important point. Just what should employers be doing to ensure their workplaces reflect the current mood and culture around banishing sexual misconduct and sexual harassment?

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Inappropriate behaviour - when the past is not left in the past

The news that Stephen Jones, head of UK Finance, has quit over "thoroughly unpleasant" personal comments he made in 2008 is a stark reminder to executives that their past behaviour may one day come back to haunt them. Corinne Aldridge looks at the case and highlights to employers the new norms that apply to sexist remarks in the workplace.

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Innocent until proven guilty: how universities must handle sexual allegations

Universities need to consider fairness to all parties during investigations into allegations of sexual misconduct and not fall into a post #metoo trap of focusing solely on those bringing complaints.

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Student misconduct allegations and the right to a fair hearing

The temptation to approach the adjudication of a student complaint as merely an ‘internal process’, is one of the most common errors made by some higher education institutions. The process adopted must be capable of examination by an independent and external eye to ensure that at each stage of the process, the rights of all individuals involved are protected.

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How Universities should investigate a complaint under the disciplinary procedure

Once an allegation is made against a student (or member of academic staff), either by another student, a member of staff or someone outside the university, it is important that the University takes stock of the issue and acts carefully to ensure fairness to all parties. Things go wrong when institutions form a quick visceral judgement, and cease to be impartial.

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Was the Cliff Richard judgment really a blow to press freedom? The “Drone Couple” would likely disagree

The Cliff Richard privacy judgment was thought to be a landmark case when it comes to press reporting of a police investigation. We explore whether the ruling is taken into account when reporting on other types of investigations.

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Pre trial cross-examination of sexual offence complainants

From June 2019, complainants in trials for sex offences selected Crown Courts will be eligible to have their cross-examination pre-recorded. Will it actually make any real difference and what about the impact on the rights of defendants?

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The first crucial steps: how Universities should respond to allegations of misconduct

University providers owe a duty of care towards staff members and students; this duty takes on particular significance during a disciplinary process and it is essential that Universities provide appropriate and relevant information and support to all parties involved in allegations of misconduct.

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Getting it right from the start: University policies for dealing with non-academic misconduct complaints

Kingsley Napley has partnered with four of the of most experienced barristers acting in this space to provide a series of six blogs, taking a detailed look into the systems and processes that (should) sit behind the resolution of student misconduct allegations in Universities.

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Universities lack the skills to properly investigate sexual misconduct claims

With the arrival of the new academic year comes the need, perhaps more than ever before, for universities to ensure they have robust processes in place for dealing with complaints of sexual misconduct.

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The Government publishes a response to its Consultation on NDAs aka confidentiality clauses - is it a pass or a fail?

Richard Fox explores the recent Government paper and looks at what it says, what it commits to, and whether they have made any missteps, and if it could they have gone further?

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At last we are moving away from a state of limbo over NDAs

NDAs and Brexit have this in common. Whilst many may be unhappy and confused with the current position, consensus on the way forward has thus far proved elusive. That may now be changing.

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Ted Baker's ‘forced hugs policy’: Lessons for other employers

The instance of Ted Baker offers some important lessons to other employers as they seek to update their approach in a post-#MeToo​ era.

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