How many employers have heard of or seen their staff going on to continue the festive fun after the work Christmas party has ended?
In a recent case Bellman v Northampton Recruitment the employer held a Christmas party for its employees. Once the party was over, a few colleagues went on to a hotel to carry on drinking. In the early hours of the morning one of the group, a director of the company, physically assaulted one of his colleagues, a manager.
The assault caused serious brain injury to the manager and the decision was taken to sue the employer (which was insured). No similar claim was brought against the director.
The question that arises, is whether the employer should be held liable for the action of its employees and if the director when he struck the manager was “acting in the course of his employment”?
If it was found that he was, then would the employer be vicariously liable for his actions? No… The Judge held that the employer could have been liable if the director had struck the manager during the Christmas party, but as it had occurred after the Christmas party had ended and when the group had chosen to carry on drinking the company was not vicariously liable. An interesting case and some food for thought at this time of year…
If you would like to find out more on how Ward Williams HR can assist. Please feel free to email sally.phillips@wardwilliams.co.uk or give us a call on 01932 830664