• Facebook
  • Twitter
  • LinkedIn
Call us now: 01243 836 840   [email protected]
Pure Employment Law
  • Who We Are
    • Nicola Brown
    • Peter Stevens
    • Elena Elsam
    • David Jones
    • Linda Nye
    • Brenda Cherry
  • For Employers
    • Advice on HR and People issues
    • Investigations, Hearings and Appeals
    • Restructuring and Redundancy
    • Defending Employment Tribunal Claims
    • Dismissal of Senior Executives
    • Contracts, Handbooks and Policies
    • Employment Law Training
  • For Employees
    • Settlement Agreements
    • Workplace Issues including Disciplinary and Grievance
    • Bringing an Employment Tribunal Claim
  • Employment Law Events
  • Legal Updates
  • Testimonials
  • Vacancies
  • Contact us
  • Search
  • Menu Menu

Christmas time, fisticuffs and wine

20th December 2016/in News /by Nicola Brown

There are always lots of employment law articles and blogs around this time of year all about the rights and wrongs of the office Christmas party, usually warning employers of the risk that they could be found vicariously liable for the actions of their employees should things get out of hand. In the recent case of Bellman v Northampton Recruitment, however, the High Court held that a company was not liable for an assault by its managing director on an employee at an after-party following the company Christmas do.

Back in March, we looked at two Supreme Court cases covering situations where an employer can be held responsible for the actions of an employee. In Mohamud v WM Morrison Supermarkets, the Supreme Court held that an employee’s assault on a customer at a Morrison’s petrol station was so closely connected with his employment that it would be just to hold Morrison liable for the customer’s injuries.

In the Bellman case, however, the High Court noted that the boundaries of vicarious liability are difficult to identify, despite the decision in the Morrison case.

Mr Bellman worked as a sales manager for a recruitment agency where Mr Major was the managing director. One year, the Christmas party for staff and their partners took place at a golf club. The party was described in the judgment as “an ordinary or usual work Christmas party of the type no doubted dreaded by some and an annual highlight for others”. After the party, just over half of the guests went on to the Hilton Hotel (where some of the guests were staying).

Some of the guests gathered in the hotel lobby, drinking alcohol and discussing social topics. Discussions moved on to company business, and then to a new employee who had started with the company about a month or so before the Christmas party, and who was rumoured to be earning significantly more than anyone else in the company. During the discussion, Mr Bellman challenged Mr Major, in a non-aggressive way, about the new employee but Mr Major lost his temper and assaulted Mr Bellman, punching him twice. Mr Bellman fell to the floor following the second punch, hit his head, and suffered brain damage as result of his injuries.

In finding that the company was not vicariously liable for Mr Bellman’s injuries, the court noted that:

  • The assault was committed after and not during an organised work social event. The after-party at the hotel was a spontaneous event, and not a ‘seamless extension’ of the Christmas party.
  • The assault was so far removed from employment that the company could not be held vicariously liable, though the company footed the bill including the taxis and drinks.
  • It was not right for Mr Major to always be considered to be on duty, just because he was in the company of other employees regardless of the circumstances.
  • Just because the discussion was about work related issues did not of itself change a conversation between fellow workers into something ‘in the course of employment’, regardless of the surrounding circumstances.

The decision is a surprising one, in light of the Supreme Court judgment in Mohamud v WM Morrison Supermarkets, and perhaps even more surprising given that the assault was carried out by the managing director. Mr Bellman suffered serious injuries, the result of which is that he is unlikely to work again, and, with Mr Major not being a party to the claim on the basis that he would lack the means to satisfy any judgment against him, it leaves Mr Bellman with no recourse to any compensation. The High Court noted, however, that if it were the case that a discussion between employees about work was enough for liability to arise, “it would mean that a company’s potential liability would become so wide as to be potentially uninsurable”.

This case does not mean that employers can never be vicariously liable for incidents occurring after an organised work social event, as the case was very fact specific. The High Court’s decision may yet be appealed on behalf of Mr Bellman. Had the assault taken place at the golf club, or had it been found that the expectation or obligation on any employee to participate had not ended, the employer may have found themselves held liable.

At this time of year it is worth remembering that employers can also be held vicariously liable for acts of discrimination by employees committed in the course of their employment. As we have mentioned previously, there is a statutory defence available in discrimination cases, if the employer can show that it had taken all reasonable steps to prevent the discrimination. It would therefore be prudent to make sure that Equal Opportunities policies are in place and up to date, and that employees are aware of them and receive training in equal opportunities.

If you would like to talk through a situation you are dealing with, or if you need advice on any aspect of employment law, please contact any member of the Pure Employment Law team (01243 836840 or [email protected]).

Please note that this update is not intended to be exhaustive or be a substitute for legal advice. The application of the law in this area will often depend upon the specific facts and you are advised to seek specific advice on any given scenario.

 

Share this article
  • Share on Facebook
  • Share on Twitter
  • Share on WhatsApp
  • Share on LinkedIn
  • Share on Reddit
  • Share by Mail
https://www.pureemploymentlaw.co.uk/wp-content/uploads/2019/02/Pure-Employment-Law-logo.jpg 0 0 Nicola Brown https://www.pureemploymentlaw.co.uk/wp-content/uploads/2019/02/Pure-Employment-Law-logo.jpg Nicola Brown2016-12-20 10:00:032016-12-22 15:00:49Christmas time, fisticuffs and wine

Join our mailing list

* = required field
Mailing Lists


Recent Legal Updates

  • Fire and rehire – what does it mean and is it lawful? 30th March 2021
  • Sleeping on the job – Sleep-in workers not entitled to National Minimum Wage 30th March 2021
  • Do your contracts need updating post lockdown? 30th March 2021
  • What are Vento bands and what are the latest rates? 30th March 2021
  • Tribunal rates and compensation limits from 6 April 2021 17th March 2021
Link to: Contact Us

Any questions? Why not get in touch!

Our advice is always given in plain English without any waffle, and we focus on providing practical solutions to our clients’ problems.

Contact us

LEGAL INFORMATION

Pure Employment Law | 1 Little London, Chichester, West Sussex, PO19 1PH
[email protected] | Tel: 01243 836840

Pure Employment Law is the trading name of Pure Employment Law Limited, registered in England and Wales with company number 07134294 and whose registered office is 1 Little London, Chichester, West Sussex, PO19 1PH. Pure Employment Law Limited is authorised and regulated by the Solicitors Regulation Authority with registration number 533794. A list of the company’s directors is available for inspection at the registered office

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Pure Employment Law and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Privacy Policy | Cookies Policy | Terms & Conditions | How to make a complaint | Sitemap

© Pure Employment Law 2021

Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies as defined in our cookie policy.

Accept Cookie Policy

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refuseing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Google Analytics Cookies

These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or to help us customize our website and application for you in order to enhance your experience.

If you do not want that we track your visit to our site you can disable tracking in your browser here:

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Other cookies

The following cookies are also needed - You can choose if you want to allow them:

Privacy Policy

You can read about our cookies and privacy settings in detail on our Privacy Policy Page.

Privacy Policy
Accept settingsHide notification only