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Work-Related Social Events – what employers need to know about vicarious liability
With Christmas approaching, lots of businesses will be planning the works Christmas party.
While these events provide an opportunity for employees to relax and socialise outside of the workplace, they also raise important questions about employer liability. Specifically, employers may be held vicariously liable for the actions of their employees during such events.
Vicarious liability is a legal principle that holds an employer responsible for the wrongful actions of an employee when those actions occur within the scope of employment or are closely connected to it. This means that if an employee engages in inappropriate or unlawful conduct during a work-related social event, the employer can be held liable for any resulting harm or damages.
Key factors in Vicarious Liability at Social Events:
- Scope of Employment: Whether an employee's actions fall within the scope of employment during a social event can be a complex legal question. Courts typically consider factors such as the nature of the event, whether attendance is mandatory or encouraged, and whether the employer derives any benefit from the event (e.g., team building or client relations).
- Foreseeability: Employers may be held vicariously liable if the actions of their employees were foreseeable given the circumstances of the social event. For instance, if an employer provides alcohol at a company party and a drunk employee causes an accident on their way home, the employer may be held liable for the accident.
- Employers’ duty of care: Employers have a duty of care to provide a safe environment for their employees, including during work-related social events. Failing to take reasonable steps to ensure the safety and well-being of employees may lead to liability.
How can you minimise the risk of vicarious liability and show that the employer has taken all reasonable steps to prevent issues, you can consider the following:
- provide guidelines on expected behaviour and the consequences of unacceptable behaviour before the event.
- designate responsibility to specific managers to monitor activities and alcohol consumption. If any unacceptable behaviour occurs, address it swiftly and discreetly. Make it clear that such conduct won't be tolerated.
- limit the supply of alcohol and ensure low-alcohol alternatives, soft drinks and water is available.
- consider how staff will get home from events, putting on transport if possible, providing taxi numbers and reminding employees of the drink driving laws.
If you need further guidance on minimising the risks of vicarious liability or support on investigating an incident get in touch on 📲 01905 900080
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