It’s Christmas party season! The office party is often a mixed blessing – an opportunity to boost morale and perhaps celebrate a successful year yet also a melting pot of workers letting their hair down, with potential for accidents, injuries, threats and claims.
Employers are liable for their employees’ actions, even after a Christmas party
The well-established case of Bellman v Northampton Recruitment Ltd [2018] has confirmed that an employer can be held vicariously liable for their employees’ behaviours. After a staff Christmas party, an unplanned after-party took place along with the claimant and others. A disagreement took place which ended with the managing director punching the claimant in the head and giving him brain damage. Although this party took place after the official work party, it was still considered to be an extension of the workplace. The Court of Appeal found that the company was vicariously liable for the managing director’s actions. It held that the managing director’s remit was broad and that despite the time and place, he was purporting to act as the managing director of the company by asserting his authority as such at the time of the assault.
This case serves as a reminder that the acts of employees committed outside work can still potentially result in liability for the business.
Considerations for employers
- Employers should provide employees with a polite reminder as to what is expected of them before the event. A simple reminder can help avoid misunderstandings and remind staff that this is still a staff event.
- Ensure bullying and harassment, equal opportunities and disciplinary polices are up to date and remind employees that these polices still apply throughout the event.
- Employers should decipher how they will monitor alcohol consumption. Examples can include limiting the amount spent at the bar.
- The Venue. When deciding on a venue, employers must ensure they are complying with their duty to treat staff fairly. Employers should think about whether the layout of the venue is suitable and accessible to all staff. Those with specific dietary requirements should be catered for and non-alcoholic drinks should be offered.
Avoiding discrimination claims
When sending out invitations to the Christmas party, employers should be careful not to accidentally exclude anyone. This can be done by ensuring the following:
- Staff who are on maternity/paternity/family/sick leave are not forgotten when sending out invitations.
- Staff with particular dietary requirements have available options. This would include non-alcoholic drinks.
- The dress code is not discriminatory in any way.
- Any aspect of the party, such as entertainment, is appropriate and non-offensive.
Employers can help to protect themselves from liability by showing that they took all reasonable steps to prevent the behaviour.
Dealing with inappropriate behaviour effectively
If any issues do arise as a result of events that took place during a work event, employers should make sure they deal with these issues effectively and as they would for any other workplace incident. If an employee raises a grievance as a result of inappropriate behaviour during a party, this should be investigated and dealt with in a timely manner. Employers should not accept such behaviour from staff, and it would be best practice for senior managers to be proactive if they notice signs of misconduct. In the longer term, employers should encourage openness and transparency and seek to create a positive work culture with accountability.
Finally, no discussion of office parties would be complete without consideration of how to deal with the following morning. Some organisations allow employees to have a later start time, whilst others take a zero-tolerance approach to hangover-induced sickness absence. Whatever your stance, decide upon your approach and communicate it clearly to employees in advance of the party.
We hope you enjoy your office party!
If you require further advice on this topic, please do not hesitate to contact a member of our employment team.
