Office Christmas party revellers urged to be sensible

The recent Court of Appeal ruling that a firm was ‘vicariously liable’ after its managing director punched a person and caused them brain damage at a Christmas party, should send loud warning bells to employers, especially in the run up to the festive party season.  

Emma Hamnett, employment partner at the Manchester office of national law firm Clarke Willmott LLP, says: “Christmas parties allow staff to let their hair down and for their bosses to thank them for their efforts throughout the year. 

“However, the judgement will now make it difficult for employers to know when they might be liable for the acts of their employees – suggesting they should err on the side of caution.

“It makes the employer’s potential liability very wide indeed and they must therefore think carefully how to protect employees at work events that take place away from the usual workplace.”

Sales manager Clive Bellman, suffered catastrophic brain damage after being punched to the floor by John Mayor, managing director of Northampton Recruitment, at an office Christmas party after an argument broke out about the terms offered to a new employee.

The court ruled the initial case against the agency failed to take account “the power and authority entrusted to him over subordinate employees”; that the act of misconduct was triggered by a challenge to his managerial authority; and “the risk of wrongful conduct was enhanced by Northampton Recruitment’s provision of alcohol”.

“This case is unique on its facts and is a distressing example of how a work night out can go badly wrong,” added Ms Hamnett. “Employers usually put people of trust in senior positions and it might be said that Mr Major abused that trust in letting his emotions get the better of him. 

“Businesses should train senior managers and all employees on the notion of vicarious liability – this meaning that the company also can be held liable for the actions of errant employees. This could lead to dismissal of the employee, as well as far worse far-reaching consequences as can be seen in this very sad case.”

Ms Hamnett suggests five practical steps for employers in the run up to the party season:

• Remind employees the event is a work event and that while they are encouraged to let their hair down and have fun, it remains a work event.

• Before the event tell all employees including the managers, that overly intoxicated behaviour, aggression, hostility or harassment of colleagues will not be tolerated and disciplinary action will result against the assailant and anyone connected deemed to not be behaving responsibly.

• Be clear on when the work event starts and ends – especially important when events take place at hotels and employees are free to continue the party. It is fine to state when the curfew is, when the bar tab closes and if individuals want to carry the party on they are free to do so at their own expense, but the company is not responsible for what happens after that.

• Think ahead to circulate taxi numbers so employees know how to get home safely if they are not staying at a venue.

• Be clear with the employee in charge that they have conduct of the event and that the buck stops with them. If the manager or senior employee is uncomfortable with that responsibility or it is too much to give to just one employee, appoint two or three senior employees with overall responsibility for the event.