It wasn’t me, officer.
Q: What’s all this about senior staff members being responsible for juniors at Christmas functions? Why can’t everyone just go out and have a good time?
A: Although this topic often comes to the surface in the grim aftermath of Christmas parties, it’s actually not just at Christmas that employers have a duty of care! But, what I think you’re driving at specifically is what is more properly known as vicarious liability.
In simple terms, an office holder in an organisation is responsible for their staff and the behaviour of their staff even after hours, if they are at a work-related event. In certain instances, this has even been considered to include the regular drink after work with a few colleagues.
So you still have to ensure the same care to protect your employees from harassment, discrimination, bullying, etc. and providing an environment that is not intimidating, hostile, degrading, humiliating or offensive.
Similarly, if someone representing your company at an event gets into a drunken brawl, it is possible that you could be rightly subject to a claim from the injured party.
This is quite a complex topic and much depends on the individual circumstances. The most important thing is to be aware that your responsibilities as an employer don’t stop when the office door closes behind you nor is it limited to the physical boundaries of the office itself. There is no simple clear-cut barrier beyond which you can throw off your director’s mantle and just have a laugh with your workmates. With power comes responsibility!
This is not to put a damper on Christmas or, indeed, any other social event related to work, but forewarned is forearmed! The infamous office party particularly is often cited as the arena for many and various dubious activities. And let’s face it – all the ingredients are there: a chance to dress up, drink copious amounts, dance like a mad person and all at the company’s expense.
But consider also the stories that go around the office during the days afterwards. The vast majority of people will have had fun and then made their way safely home. But others may not, and that’s when you may have a problem. For example, what may seem to someone in an alcohol-fuelled trance to be giving out subtle signals of interest may come across as aggressive sexual advances to someone more rational. These are the occasions when you probably need a few “spotters” around to defuse situations and perhaps put the aggressor in a taxi home.
Christmas parties and other social events are an important part of saying “thank you” for hard work done. Keep having the parties – but raise awareness of your corporate responsibilities by having some training sessions; be clear about what constitutes acceptable behaviour from all staff; any why not treat everyone to a taxi home as a Christmas present?
Happy New Year!
January 2005
FX Magazine