Social events organised by and for teams may not strike you as ‘work’ but they are considered to be an extension of the workplace. Employers need to be mindful of vicarious liability around the Christmas party.
As a result, the organisation’s duty of care to their employees extends beyond the usual ‘nine to five’ and includes the event itself and the aftermath. This includes the drunken argument, the promised pay rise, the leering co-worker, the drunk driver, the sexist jokes and the post-event stress that your HR team could be left with!
The organisation is usually deemed responsible for their employee’s actions and the consequences of those actions at work-related social events such as the annual Christmas party. This is because they were carried out in the course of employment. This concept is the principle of vicarious liability, which covers various behaviours listed below.
Vicarious liability
The following behaviours are those covered by vicarious liability and for which the employer is usually deemed to be responsible:
discrimination- harassment, sexual harassment and third party harassment
- bullying
- violence / physical assaults
- drunken behaviour
- unauthorised images posted to social media
discriminationWhile still remembering that Christmas is a time of festive cheer, there are steps that responsible employers could take to minimise the risk to their teams and themselves.
Take responsibility
Reduce risk through some or all of the following steps:
- define and sharing policies around those behaviours
- incorporate messages into your induction process explaining that expectations on behaviour apply beyond the workplace
- deliver regular communication and training throughout the year so that expectations are clear
- remind individuals that attendance is voluntary
- share expectations around attendance for the following day
- have a manager there to keep an eye on things
- limit free alcoholic drinks to a reasonable level and ensuring plenty of non-alcoholic alternatives are available
- make transport arrangements to avoid anyone driving under the influence of alcohol.
- bring the event to a close before public transport ends
- follow your disciplinary policy if inappropriate behaviour arises both as a formal sanction and to deter others
Christmas parties can be great for morale. To make sure that a good time is had by all, we advise that you approach them with the same care and attention that you would any other work event.
If you need support with any of these issues, please get in touch for a free, no obligation chat.