In simple terms, vicarious liability means that one person or organisation is legally responsible (liable) for the actions or omissions of another person. When considered in an employment context, this means that an employer can be held to be liable for the actions or omissions of its employees, provided it can be shown that those took place in the course of their employment.
“Employment” is given a wide meaning and can be extended to cover work related social events, events that take place off site and also outside of normal working hours, especially if they are organised by the employer.
However, the dividing line is sometimes blurred. What is the legal position if something happens after a social event organised by the employer? Who is legally responsible if one employee assaults another employee? Is it the employer or the employee who committed the assault?
These questions were considered in the case of Bellman -v-Northampton Recruitment Limited [2018] EWCA Civ 2214.
Practically, it can be difficult to maintain acceptable standards of behaviour at social events, especially at Christmas parties, where alcohol is usually flowing, and employees are relaxing and having a good time. Furthermore, an employee may just see it as a normal social event, forgetting where they are and that they are still representing their employer. Consequently, this can lead to the employee acting inappropriately or perhaps saying something out of turn, which then has lasting and damaging repercussions.
In these circumstances, an employer must be able to anticipate any potential difficulties. The best way of doing this is to ensure that employees are aware of the standards of behaviour that you expect of them both in the workplace and at social events. A clear written policy should set out those standards and be circulated to all employees when they start their employment. It would also be a good idea to perhaps remind employees occasionally before social events/Christmas parties about the policy.
If employees are made aware that social events are an “extension of the workplace”, this will hopefully ensure that no conduct and/or behavioural issues then arise.
