Work-related social events and vicarious liability

Employees often assume that if they’re not physically in the workplace, it’s not a work-related event. The reality however, is that whether they take place in the office or elsewhere, office parties are most definitely an extension of the workplace and that means employers can be held vicariously liable for any incidents that occur.

In addition, line managers and business owners have a responsibility to ensure the safety and standard of acceptable behaviour of their employees – whether or not it’s within the remit of the normal working day. If an employee behaves inappropriately towards a fellow worker, it shouldn’t be ignored just because the incident happened outside of working hours.

This can include inappropriate behaviour such as:

• discrimination
• harassment, including sexual harassment
• bullying
• violence and physical assaults
• drunken behaviour.

Where there is a sufficiently close connection between the employee’s act and their employment, the organisation will be deemed liable for the act. This means the injured party can bring a claim against the organisation for any damages or compensation.

The defence against vicarious liability is possible, where the organisation can demonstrate they took all reasonable steps to prevent the wrongdoer from carrying out the acts or conduct complained of. Whether the preventative steps taken are reasonable, or not will depend on each case and the size of the business. However, steps to mitigate employment claims can include:

• introducing and implementing workplace policies
• carrying out regular staff training of line managers and their teams
• timely reminders of appropriate behaviour and in how this continues to apply during events
• taking formal action should any inappropriate behaviour be carried out, in order to deter others.

The benefits of workplace policies

Taking key steps such as implementing a ‘Behaviour at work-related Social Events policy’ will help ensure employees understand what rules apply at the Christmas party and any other similar events, where employees and management are in attendance. The policy should outline both what events will be regarded as an extension of work, and, the expected standards of behaviour and professionalism to be observed. The policy can also make reference to other internal policies that will also continue to apply, for example:

• Anti-harassment and Bullying
• Employee Code of Conduct
• Disciplinary and Grievance
• Inappropriate Behaviour

In addition, providing employees with a gentle reminder that an office party most certainly is an extension of the workplace, where the usual rules on inappropriate behaviour, unwanted conduct and disrespect of others apply, can help alleviate any misunderstanding on the matter.

Alcohol consumption during the office party

Social events are often an occasion to relax and socialise with co-workers, but when an attendee decides to turn one glass of wine into many more, the celebrations can often deteriorate into consequences that reach beyond an unpleasant hangover.

It can be hard to stop employees from over-imbibing, but it’s important to do what you can to reduce the likelihood of it happening. By limiting the amount of alcohol at the party, providing non-alcoholic options and providing behavioural guidance to employees in advance, you’ll be contributing positively to avoiding a bad event. Remind your employees that they shouldn’t be driving home and where funds allow, pay for fares home or arrange lift shares so employees arrive safely at home.

Diversity matters

It’s important to factor in the diverse needs of employees when planning Christmas parties. Celebrations should be non-discriminatory and this can relate to anything from the party theme, to the timing or venue for the event. Avoid party themes based on nationality or religion and make sure that no significant meetings or holidays coincide with your event date and time – you’d be surprised how often this happens. Food and drink should naturally take into account the requirements of vegetarians, vegans or anyone with a particular food allergy.

What about those on holiday Maternity or Paternity leave?
Don’t forget to include employees who are on leave or work part-time. They may not be as present as others, but they still contribute to the success of your business and deserve an invitation!

Making the Christmas party mandatory

Whilst it’s a common preconception to assume that everyone will be interested in a free evening hosted by their employer, you’ll need to make it clear to everyone that the Christmas party is voluntary. Individuals will have their own reasons for not wishing to attend, so don’t make them feel bad if they don’t want to join in the celebrations.

Assign a Christmas Party monitor

Assigning one or multiple monitors at the Christmas party will help the party stay in control and can defuse and prevent issues should they arise, along with ensuring everyone gets a safe journey home.

Act swiftly when issues arise

Ideally, you should deal with inappropriate behaviour at work related social events and parties as they happen. However, this isn’t always possible whilst in full swing of a social event and it’s entirely possible you’ll be alerted to an issue or complaint after its occurred. Where an incident is reported as happening and a complaint raised, dealing with it fairly and swiftly is key. Dismissing a complaint as “irrelevant”, “just banter” or “innocent fun” may well lead to a formal complaint or worse, an employment claim being raised against the business. Where a complaint is raised, take it seriously and investigate the matter, thoroughly and professionally.

It’s worth remembering that employers are vicariously responsible for how their employees behave around (and toward) each other. Failure to respond promptly to issues could result in an escalation of the complaint that ends with an Employment Tribunal hearing, so make sure your resolution process is responsive, well thought out and fair.

Policy Reminders
It’s always a good time to review policies and procedures, to make sure your business is covered in the event of serious HR incidents or complaints. Providing reminders to employees about discrimination, bullying and harassment, drug and alcohol misuse and your expectations for appropriate behaviour and etiquette at company events will reap huge benefits in the long term.

It’s fair to say that a well-planned Christmas party will make everyone feel more welcome. Taking steps in advance to safeguard your evening from unnecessary employment risk, will also allow you and your employees the opportunity to properly relax and fully enjoy the event.