EHRC Guidance: Mitigating Harassment at Conferences and Offsite Social Events in Great Britain

Editorial hold — human review pending.

Country: United Kingdom. Research snapshot: 2026-10-20. Source / development date: 2024-09-24.

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The technical guidance was reviewed in September 2024. Check later amendments, territorial scope and commencement. Guidance illustrations are not a fixed statutory checklist.

Resolve these limitations and the article-specific legal checklist before approval. This draft is educational information, not legal advice.

Background and Jurisdictional Framework

Country: United Kingdom (England, Scotland, and Wales). Development date: 24 September 2024. Research snapshot date: 20 October 2026.

Under Part 5 of the Equality Act 2010, an employer’s legal responsibilities regarding harassment and sexual harassment are not confined to physical office premises. Under the Equality and Human Rights Commission (EHRC) technical guidance, the statutory concept of actions occurring "in the course of employment" extends significantly to offsite business gatherings, training seminars, conferences, and work-related social functions [source: launch-source-11].

Scope of 'Course of Employment'

Section 109 of the Equality Act 2010 renders employers vicariously liable for acts of harassment committed by workers "in the course of employment" [source: launch-source-11]. The EHRC guidance clarifies that this phrase carries a wide legal interpretation (paragraphs 3.47–3.48). It encompasses:

• Activities carried out while working remotely or offsite.
• Attendance at external training courses, professional conferences, or client meetings.
• Social gatherings closely connected to work, such as after-work drinks at a pub immediately following a shift, or an organised departure party for a colleague.

Whether an offsite event falls within the course of employment depends upon the strength of the connection to employment in the specific case. In an illustrative scenario provided by the EHRC, an employee harassed a colleague on two occasions: first during drinks in a pub immediately after work, and second at an organised leaving party at a pub. An employment tribunal concluded that these gatherings were an extension of employment. By contrast, a separate hypothetical scenario involving an unsolicited late-night domestic visit between colleagues was found to be too remote from employment to fall within the statutory boundary, although the guidance notes employers should still appropriately handle workplace complaints arising from such interactions.

The Preventative Duty and Third-Party Risks at Events

Under section 40A(1) of the Act, employers have a positive legal duty to take reasonable steps to prevent sexual harassment of their workers in the course of employment [source: launch-source-11]. This preventative duty is anticipatory. It requires organisations to assess and manage risks proactively rather than reacting solely after an incident is reported.

The preventative duty explicitly covers risks posed by third parties, such as conference delegates, external clients, suppliers, or members of the public (paragraphs 3.22, 3.33) [source: launch-source-11]. While an employee cannot bring a standalone tribunal claim against an employer solely for third-party harassment following historical case law (Unite the Union v Nailard [2018] EWCA Civ 1203), a failure to take reasonable steps to prevent sexual harassment by third parties constitutes a direct breach of the section 40A(1) duty. This exposes the organisation to enforcement action by the EHRC under the Equality Act 2006 (such as investigations under section 20, unlawful act notices under section 21, or binding agreements under section 23) and potential compensation uplifts of up to 25% under section 124A if a successful sexual harassment claim is brought.

Governance Recommendations for Event Risk Management

To satisfy the preventative duty and maintain the general reasonable steps defence under section 109(4), employers should implement operational safeguards around external events. The EHRC suggests several practical governance steps:

1. Event Risk Assessments: Evaluate risks specific to social and external environments, including the presence of alcohol, unfamiliar venues, and interaction with third-party attendees.
2. Communication of Standards: Issue communications prior to events reiterating that professional conduct standards and anti-harassment policies apply equally at social and external functions.
3. Third-Party Notices: In a hypothetical scenario from the guidance, a small theatre company established a zero-tolerance policy towards harassment by third-party freelancers, audiences, and attendees at opening-night parties. They communicated expectations via contract terms, ticket confirmation notices, and signage, demonstrating reasonable steps proportionate to their resources.
4. Clear Escalation Protocols: Ensure designated staff members or managers at offsite functions are trained to receive and act upon complaints promptly.

Legal review required

• Local applicability: Confirm that events and worker contracts are subject to the laws of England, Scotland, or Wales.
• Legislative monitoring: Verify the status and enforcement dates of scheduled legislative changes flagged for April and October 2026.
• Historical case law: Ensure reliance on historical case law (such as Unite the Union v Nailard) accurately reflects prevailing appellate rulings.
• Notice: Unsupported or uncertain legal assertions must be verified prior to executive distribution. This text provides non-advisory educational information and has not undergone human review.