It is important that employers are aware that behaviour and actions at organised ‘social activities’ involving employees can fall within the scope of ‘in the course of employment’ as established in the case of Chief Constable of the Lincolnshire Police v Stubbs and others [1999]. Where, for example, sexual harassment occurs between employees at an organised work social event, the employer can be held responsible, through the legal principle of vicarious liability, for the harassment committed between their employees as it has been committed within the course of employment (with the social event being an extension of the workplace) if the employer did not take reasonable steps to prevent the behaviour.

Following the recently published decision of the Industrial Tribunal in the case of Lyons v Starplan Furniture Ltd and others 5733/18, the Equality Commission commented that work social events and parties are ‘still work and employers are liable for what happens there’.

Given that claims can arise out of these social events, it is important that employers ensure that misconduct and inappropriate behaviour within this environment are captured within their Disciplinary and Grievance policies. This will help ensure that, if an incident does arise at a work social event, the business can act in line with its policies. A company’s Anti-Harassment and Bullying policy should also ensure that behaviour is not limited to the office environment and it should also encapsulate work-related social events and activities. Employers should also ensure that their employees are aware and reminded of the appropriate behaviour expected of them at these social events; whilst it may be a more relaxed setting than the office, employees should still behave responsibly.

Although it is important to organise and hold workplace social events and activities to reward employees and encourage team building, employers should remain vigilant to the potential risks, particularly where alcohol is involved, and ensure that employees participating behave appropriately and are able to enjoy themselves safely.

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HR Toolkit | eLearning Course

Are you responsible for overseeing the implementation of training for all employees in your organisation? Legal Island has created an HR Toolkit that aims to provide comprehensive training to assist HR professionals in supporting line managers and employees throughout the employee journey. The suite of courses will offer practical advice to assist you in updating your processes and procedures and help you understand your legal obligations. Click here to view our HR toolkit.