A gym worker won over €5,500 at the WRC after being sexually harassed at a work Christmas party. Purpletree HR explains why Irish employers are legally liable for harassment at work events — and what a genuine Dignity at Work policy must cover to provide any real protection Read more
The Workplace Relations Commission recently ordered a gym operator to pay over 7,000 euro to a fitness instructor who was sexually harassed at a work Christmas party by her employer. As reported by Independent.ie, the worker received 5,500 euro in compensation after her boss made a sexually inappropriate remark at the company event. The case is a reminder that an employer’s legal obligations do not clock off when the office party starts.
Workplace harassment at social events is one of the most underestimated sources of legal exposure for Irish employers. Many businesses invest in their harassment and dignity at work policies for day-to-day operations, then treat work-related social events as an informal zone where normal standards are somehow suspended. They are not. Under the Employment Equality Acts 1998-2015, an employer can be held liable for harassment that occurs at a work event, off-site and outside normal working hours, just as readily as for harassment at a desk.
The Employment Equality Acts 1998-2015 define harassment as any unwanted conduct related to one of the nine protected grounds (gender, age, disability, race, religion, civil status, family status, sexual orientation, or membership of the Traveller community) that violates a person’s dignity and creates an intimidating, hostile, degrading, humiliating, or offensive environment.
Sexual harassment is defined separately as any form of unwanted verbal, non-verbal, or physical conduct of a sexual nature that has the same effect. It is treated as a form of gender discrimination.
The key provision for employers is Section 15 of the Acts. Employers are vicariously liable for harassment carried out by an employee in the course of employment, and this extends to conduct at locations other than the workplace itself, provided the conduct is connected to the employment relationship. A work Christmas party, a team night out, a client event, or a work trip all fall within this extended reach.
Section 15 provides a defence: an employer is not liable if they can prove they took reasonably practicable steps to prevent the harassment and to reverse its effects. This is the due diligence defence, and it is why having a genuine, implemented, and communicated harassment policy matters so much. A policy that exists on paper but has never been communicated to staff or applied in practice will not satisfy this defence.
This case is not unusual in its setting. A significant proportion of harassment complaints that come before the WRC arise from conduct at work social events rather than in the normal workplace.
Social events often involve alcohol, which reduces inhibitions and creates conditions where behaviour that would not occur in a formal setting becomes more likely. Power dynamics are still present, but the informal atmosphere creates a false impression that professional standards are relaxed. Witnesses may be fewer, documentation is typically absent, and the victim is often placed in a position where raising a complaint feels more socially awkward.
For employers, the informal setting compounds the legal risk rather than reducing it. Normal supervisory structures are absent, bystanders may not intervene, and employer liability under the Acts is engaged regardless of whether any manager witnessed the conduct.
When a harassment complaint reaches the WRC, adjudication officers assess not just whether the harassment occurred but how the employer responded. The Code of Practice on Sexual Harassment and Harassment at Work, published by the Irish Human Rights and Equality Commission (IHREC), sets out the framework for this assessment.
The WRC has regard to whether the employer’s policy:
An employer who cannot point to a compliant policy, a clear communication record, and a prompt and fair investigation is unlikely to succeed with the Section 15 defence.
Many Irish employers have a harassment policy that refers to conduct in “the workplace” or “at work” without expressly addressing work-related social events, off-site functions, or online communications. The Acts extend liability beyond the physical workplace, but a policy that does not reflect this creates ambiguity.
A well-drafted policy should expressly state that it applies to all work-related activities and events, regardless of location, whether or not they occur during normal working hours. This single addition can make a significant difference if a complaint arises.
A situation we see frequently involves employers who announce a responsible drinking message before a work event and consider their obligations met. Alcohol management matters, but it does not constitute a harassment prevention strategy. The Section 15 defence requires reasonably practicable steps to prevent harassment. A generic message about drinking responsibly, delivered once before a Christmas party, is unlikely to satisfy that standard.
Genuinely preventive steps include ensuring managers understand their responsibilities under the dignity at work policy at social events, briefing relevant staff before significant events, and having a clear point of contact for any concerns that arise.
When the harasser is a manager, director, or business owner, the standard internal complaints procedure does not work. The person the employee would normally report to may be the problem.
Employers who have not planned for this typically allow the alleged harasser to remain involved in the investigation, or they delay taking action. Both approaches compound the employer’s liability. The WRC expects that a complaint will be taken seriously, investigated by a suitably independent person, and that the complainant will be kept informed throughout.
In our experience advising employers across Ireland, the absence of a clear escalation route for complaints against senior staff is one of the most common structural gaps in harassment policies. It is also one of the hardest gaps to fill without external support.
Under the Employment Equality Acts, the WRC can award compensation of up to two years’ remuneration for harassment claims. There is no service threshold, meaning an employee can bring a complaint from day one. Awards across WRC decisions vary from a few thousand euro for a single incident to substantially higher amounts where the harassment was sustained, the employer’s response was inadequate, or the impact on the complainant was significant.
In addition to WRC compensation, an employee who suffers a recognised psychiatric injury may bring a personal injury claim in the civil courts, where there is no equivalent cap. Employers who dismiss harassment complaints because the WRC compensation ceiling seems manageable are failing to account for the full legal exposure.
A Dignity at Work policy is the employer’s primary tool for satisfying the Section 15 defence and for demonstrating compliance with the IHREC Code of Practice. An effective policy needs to go beyond defining harassment and stating it is prohibited. It must set out:
The policy must also be communicated, not merely distributed. Employees should acknowledge receipt, managers should be trained on their responsibilities, and the policy should be reviewed periodically. A policy drafted years ago that has never been discussed in staff training will not provide an effective defence even if it is technically compliant on paper.
This case follows a pattern the WRC sees regularly. An employer without a robust harassment policy finds itself exposed when an incident occurs at an event it organised. The financial cost, the reputational damage, and the management time consumed by a contested WRC claim are all avoidable.
The timing of work social events, particularly Christmas parties, makes this a recurring seasonal risk. By the time a complaint lands in January, the event has already happened. The investment in prevention must happen before the event calendar fills up.
Our specialist team reviews and drafts Dignity at Work and Anti-Harassment policies as part of our employment advice service. We ensure policies cover work-related events explicitly, provide a workable complaints route when the alleged harasser is a senior figure, and satisfy the Section 15 defence standard that the WRC applies in practice. Where a complaint has already arisen, our team provides independent investigation support, which is precisely what is needed when internal objectivity is compromised. You can explore the full range of HR services or speak directly with our team.
Employers in hospitality and retail, where social events and external-facing staff interactions are part of the working environment, face this risk more regularly than most. Our industry-specific HR support is built around the particular pressures those sectors face.
Yes. Under the Employment Equality Acts 1998-2015, employer liability extends to conduct at work-related events and social functions connected to employment, even outside normal working hours and off the employer’s premises. The employer can defend a claim by demonstrating it took reasonably practicable steps to prevent harassment, but this requires a genuine implemented policy and training.
Harassment is unwanted conduct related to one of the nine protected grounds that violates a person’s dignity or creates a hostile environment. Sexual harassment involves unwanted verbal, non-verbal, or physical conduct of a sexual nature. Both are treated as forms of discrimination and can give rise to WRC claims with no service threshold.
A separate policy is not required, but the existing Dignity at Work or Anti-Harassment policy must expressly state that it applies to all work-related activities and events, regardless of location or time. A policy that refers only to conduct in the workplace leaves a gap the WRC will identify. Updating the policy to cover this is a straightforward but important step.
The WRC can award compensation of up to two years’ remuneration. Awards reflect the nature and duration of the harassment, the employer’s response, and the impact on the complainant. There is no service threshold. In cases involving serious psychological injury, a separate personal injury claim through the civil courts may also be available, with no equivalent cap.
The investigation must be conducted by someone sufficiently independent of the alleged harasser. Employers in this situation should consider engaging an external, qualified investigator. Purpletree’s employment advice team provides external investigation support for exactly these situations. For the statutory framework, the Irish Human Rights and Equality Commission publishes the Code of Practice on Sexual Harassment and Harassment at Work.
This article is for general informational purposes only and does not constitute legal advice. Employment law is complex and fact-specific. For advice on your specific situation, contact the Purpletree HR team directly.
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