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After-Hours Actions: Exploring Employer Liability Post-Christmas Party Celebrations

Calendar December 12, 2023

It appears that scarcely a year elapses without a workplace social event unfolding into a legal imbroglio. In the case of Bellman v Northampton Recruitment, adjudicated by the High Court, the question of employer liability for a severe assault committed by a director upon a staff member was examined. While the court absolved the employer in this particular case, it underscored that employers frequently bear responsibility for analogous incidents. This case involved a small recruitment business which held its Christmas party at a local golf club. All employees and their partners were invited, totalling 24 people.

Post the event, a number of employees, including the director, adjourned to a hotel bar, and continued drinking until the early hours of the morning. A work-related disagreement arose between the director and a manager employed by the company. The exchange culminated in the director punching the manager, knocking him out and causing him to fall and sustain a brain injury. The manager made a personal injury claim against the company, arguing that it was vicariously liable for the actions of the director.

The High Court determined that the company was not vicariously liable for the director’s conduct. Meticulous scrutiny was applied to ascertain whether the director was acting within the “course or scope of his employment” during the incident, and the court concluded that he was not. Despite the company financing the Christmas party and the assault being triggered by a heated work-related discussion, the court differentiated between the party itself and the spontaneous occurrence that ensued. Liability would have attached if the assault had transpired at the party, yet the director could not be deemed ‘on duty’ at all times merely due to his presence with other employees.

The determination of vicarious liability is often delicately balanced, with outcomes varying in comparable cases. Courts or tribunals meticulously analyse all pertinent facts and circumstances to determine whether an incident is sufficiently linked to employment for employer responsibility. Conduct at an employer-arranged and subsidized social event is typically construed as work-related. Nonetheless, clarity may diminish when employees organise independent celebrations or transition from the ‘official’ Christmas party to an alternative venue.

For legal counsel on vicarious liability or other facets of employment law, reach out to our specialized employment lawyers at KLG today.


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