Christmas Do Liability

In the case of Bellman v Northampton Recruitment 2016 the EAT held that an employer can be liable for the acts of its employees on a Christmas party.

Although some time away it often creeps up on us quicker than we wish what liability can unfold from those merry get togethers.

This case involved whether the company could be found vicarious liable for the assault of a manager, by the company director, after the Christmas party had finished. The court held in this particular case no.

After their Christmas party had ended some of the workers decided to have a private drinking party in their hotel room. Things went wrong, and the director of the company struck the manager at about 3:00am in the morning.

The question the court had to answer was, “was the director acting in the course of his duties,” in order to find the company vicariously liable. The judge held that the director in this particular case was not acting in the course of his employment, because the Christmas works party had ended, and this was a private drinking party.

However, the judge did state that had the assault happened at the Christmas Party then the company could have been held vicarious liable.

This case comes a great time to remind and highlight to those employers that they may be liable for bad behaviour of employees especially where alcohol is involved, therefore extra precautions and warnings should be given so no ones christmas spirit is hindered.