It’s the most wonderful time of the year! Christmas party season is upon us and many of us will don the paper hats and celebrate another cracking (sorry) year with our colleagues.
We are regularly asked for advice on about employer liability at Christmas parties in the run up to the holidays. We are also occasionally approached in early January when things haven’t quite gone as planned.
Employment Solicitor Chris Dobbs answers some of the most common queries about Christmas parties.
Employer Liability for incidents at Christmas party
Employers have a legal duty to make sure employees are safe at work and this extends to work events. If an employer plans an event away from the usual place of work, they are legally responsible for ensuring the event is safe and for minimising risks of hazards and dangers.
Are Employers liable for incidents at Christmas Parties?
If an employee is injured at the venue and they were not to blame for the injury, there is a potential claim against the employer for compensation. Staff should be aware of the expected standards of behaviour to help avoid claims for:
- Harm arising from the negligent conduct of other employees
- General harm under health and safety legislation
- Discriminatory acts committed by the employer or their employees.
This is all because social events organised by an employer are an ‘extension’ of the workplace even if they fall outside normal location and hours.
Is a Christmas party classed as being at work?
Yes, an official and organised Christmas party is an extension of the workplace and all the usual rules apply. Punching the accounts manager might be tempting but it is no more acceptable at the Christmas party than it would be in the office on Monday morning.
If the employee leaves the party, goes to a new location and is injured there, the employer surely could not be held liable, could they?
Yes, said the Court of Appeal in Bellman v Northampton Recruitment Ltd in 2018. Mr Bellman was a Sales Manager who attended the company’s Christmas party.
At the end of the evening, the Managing Director arranged taxis to a hotel where the party continued, largely funded by the company.
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