Harassment in the workplace context encompasses any unwelcome verbal, non-verbal, written, or physical behaviour related to a protected ground. This includes comments about a colleague's age, race, sexual orientation, or other characteristics protected under the Employment Equality Acts. Such behaviour can give rise to a valid complaint regardless of where it takes place.

Sexual harassment specifically involves unwanted conduct of a sexual nature. A Northern Ireland tribunal case illustrates the serious consequences that can follow: an employee who experienced unwanted physical contact and inappropriate comments at a Christmas function subsequently faced unfair treatment after raising a complaint, ultimately leading to her resignation. The tribunal awarded approximately £19,000 for sexual harassment, victimisation, and constructive dismissal.

Your organisation's dignity at work policies remain fully operative when employees move from the office to a hotel function room, local pub, or any other venue. Employers retain responsibility for taking reasonable measures to prevent harassment and sexual harassment regardless of location.

This responsibility extends further than many employers realise. The critical question is whether there exists a meaningful link to employment, and tribunals have consistently interpreted this connection broadly. Liability for misconduct can extend to events outside working hours, at external locations, and even to informal gatherings not officially organised by the company.

A significant WRC decision from 2020 demonstrates this point clearly. An employee was awarded €25,000 after experiencing inappropriate physical contact from her employer during an informal after-work gathering at a pub. The business had not formally organised the event; staff had simply agreed to watch a match together. Despite this, the WRC determined that the harassment occurred in the course of employment. Beyond the compensation, the employer was required to commission an independent review of its Dignity and Respect at Work policy to ensure compliance with the Employment Equality (Code of Practice)(Harassment) Order 2012, and to provide training to all staff.

Violence can also erupt when significant amounts of alcohol have been consumed.  An employee buoyed up by alcohol can suddenly find the courage to tell their supervisor or manager what they think about them, and follow it up with physical violence.  Situations like this are more commonplace than you might think.  Equally, issues of discrimination between employees can begin before the invitations are even sent out. All eligible employees must be invited to workplace events; intentionally excluding someone could give rise to a discrimination claim under the Employment Equality Acts. While larger organisations may have separate departmental functions, the essential safeguard is to ensure that no one is excluded on the basis of age, race, disability, religion, gender, sexual orientation, family status, civil status, or membership of the Traveller community.

The WRC previously found against an employer in circumstances where a staff member from the Traveller community was excluded from post-event socialising and subjected to derogatory remarks by colleagues. The employer's argument that it had neither organised nor funded the event did not succeed; it was held liable and ordered to pay €5,000 in compensation. 

Consider carefully whether your chosen venue and planned activities accommodate all staff. Not everyone drinks alcohol, whether for religious, health, or personal reasons, so ensure alternative choices are available and that the event does not centre solely on drinking. Daytime events may be more suitable for some employees, especially those with caregiving responsibilities, and they also accommodate those who view the Christmas Party as an obligation rather than something they look forward to!

Back in November, we held our breakfast briefing on "Managing the HR Pressure Points that Winter Brings." We covered everything from bank holiday entitlements to red weather warnings, from Christmas party liabilities to Working Time Act compliance. 

We really appreciate that there can be confusion over annual leave carry-over as we approach year-end; questions about paying staff during adverse weather and how to handle sick leave during the winter months.  

To assist employers, we put together a guidance pack and are very happy to email that out to you if you would like to send an email to [email protected] 

Over the coming months we will be providing breakfast briefings to equip you with everything you need to know to run your business in compliance with employment and health and safety law. 

One of the areas where employers can fall down is where there is a very serious complaint against an employee, it could be a violent incident at work, or theft in the workplace and it might be very clear who the responsible employee is. You might have a very legitimate reason to dismiss a member of staff, but if you don’t go about it the correct way, that very member of staff may well win in an unfair dismissal case in the WRC.  The last thing you want to have to do is pay out to an employer who was deservedly dismissed. Conducting an investigation and disciplinary process in accordance with your own policies and with Statutory Instrument 146/2000 is very important.  Our Directors are all trained and experienced in this area.  In the last few weeks, we've been especially busy carrying out workplace investigations into a variety of serious issues: sexual harassment, workplace violence, and complex grievance matters involving multiple parties.

These aren't situations you can manage with a template from the internet or a quick Google search. They demand independent, comprehensive, legally compliant processes so that you can stand over the decision you made to dismiss that person, prove that it was independent, impartial and fair.  If you have any questions on workplace investigations, give our office a call.

We were very proud of our Director Sean Dunne who received an outstanding service award at the Irish Steel Awards last month. 

We were delighted to attend Mayo Ideas Month at Breaffy House in Castlebar, where we presented to small enterprises on three key compliance areas:

WRC Compliance: What you absolutely must get right to avoid claims

Auto-Enrolment: The upcoming pension obligations that will affect every employer

Workplace Permits: Navigating the employment permit system correctly

Small businesses often lack dedicated HR support, making them especially vulnerable to compliance gaps. The feedback was overwhelmingly positive — employers valued honest advice free from jargon, alongside practical solutions they could implement immediately.  If you would like our guidance leaflet, just send an email to [email protected]

For International Carers Day, I had the privilege of joining Dr Rosemary Daynes, founder of The Care Advocate, for her inaugural podcast, discussing the challenges for carers and exploring the opportunity for employers as family carers are an untapped resource in the Irish workforce.

Here's what many employers don't realise: family carers are often highly qualified, skilled, experienced professionals who would genuinely love to return to your workplace, but they need flexibility.

These aren't people who've "checked out" of working life. They're individuals who've developed extraordinary skills through their caring responsibilities:

The opportunity for employers: If you're finding it hard to fill vacancies or keep hold of talented staff, think about whether you're making your roles accessible to family carers. Could that full-time role be divided into two part-time roles? Could you provide flexible hours or remote working options?

You'll discover a talented, dedicated, appreciative workforce if you're prepared to meet them halfway.  Tune in to the Care Break podcast on Spotify.

Whether you need:

PurpleTree is here to help.

+353 1800 787 333
[email protected]
https://purpletree.ie