“We have heard it many times, that there is money behind the bar and the business owner/exec/SLT have left the building so our responsibility stops at that point.” - Pam Molyneux

We haven’t come across anyone who set out to cause trouble or get into trouble at the festive celebrations, but it does happen and as a manager, business owner or employer who has to deal with the aftermath, putting some thought into your obligations is something that will stand you in good stead and in most cases helps to make sure that the celebrations run without issues.

The end of year festive celebrations should be a fun experience for all involved and are an opportunity for you to reward and engage with your staff. Putting thought into them now sets the right tone and message and is a good reminder of the importance and your legal duty to protect the health and safety of your staff at all times, which includes festive celebrations.

So what’s covered?

Alcohol consumption, coupled with a relaxed social atmosphere can influence the situation and decisions which may not occur in an every-day working environment, ranging from violent and aggressive behaviour to serious claims of bullying and harassment.

Despite the potential damage to organisation reputation if staff were to publicly display poor behaviour towards their colleagues or the general public, organisations can be vicariously liable for the actions committed by their employees in the course of their employment if they cannot demonstrate that ‘reasonable steps’ were taken to prevent instances of poor behaviour.

For example, if a worker was to claim that they were being harassed, and is able to prove that the organisation took no advance action to prevent the harassing behaviour, they may be able to seek compensation from the organisation at a later date. This extends to work-related social environments.

It should be remembered that this level of responsibility can also incorporate ‘after party’ drinks. Although these may not be technically organised by the organisation, it may still be liable for poor employee behaviour if it can be established that their conduct is sufficiently connected to their position.

This was seen in the case of Bellman v Northampton Recruitment Limited, where the Court of Appeal found that the organisation had been liable for the actions of a manager when he punched an employee in the face as all drinks and taxis had been paid for by the organisation and the perpetrator was asserting his authority as a manager through the attack.  

We have heard it many times, that there is money behind the bar and the business owner/exec/SLT have left the building so our responsibility stops at that point. Afraid not, it’s unlikely in such situations, that there would not be some association back to the organisation and therefore continued responsibility and liability!

5 actions you can take

1. Consider festive celebrations as an extension of the working environment. Usual standards of behaviour should be expected throughout the event and if an incident occurs, subject it to the same investigatory and disciplinary procedures as though it had happened during working hours.

2. It is essential that you maintain a strong policy on your approach to bullying, harassment and managing disciplinary procedures in order to be clear on the steps that will be taken if any accusations are made.

3. A stand-alone policy on behaviour at work-related social events can also be implemented - check out our suggested policy that you can use as a starting point. 

4. It is advisable to remind all members of staff of these policies prior to the party - check out our suggested communication.

5. Ensure your management team are clear on these standards and that they equally apply to them also.

Such actions can help reinforce your stance on poor behaviour, ensuring all employees are aware of the rules and will help to minimise the risk of such issues arising.

If you want to talk through a particular case that you are managing at the moment, please do join us on our free HR Surgery - the purpose of these sessions is to give you a platform in which you can discuss your people management issue, find a solution to navigate your way forward and collaborate with other people managers to thrive even more. They take place on the first Monday of each month at 12:30 - please do get in contact for the zoom details.