If, after work, someone in our office suggests going for a pint, is the company responsible if someone injures themself in the bar, on the way home, or even at home?
I’m particularly concerned about this as I’m the chief executive, and if I suggest we go for a drink, could that be construed as a company event?
I find myself avoiding suggesting casual drinks after work to colleagues in case something might happen, fearing the company or I could be liable for any injuries or mishaps.
The reader is rightly concerned about any potential injuries or mishaps while out for after-work drinks, though there can be blurred lines surrounding responsibility, says Damien McCarthy, founder and chief executive of consultancy firm HR Buddy.
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First and foremost, McCarthy advises ensuring employees are aware of dignity, respect, anti-bullying and harassment policies in the context of any workplace events.
Although the line is much clearer for formally organised workplace events such as Christmas parties, summer barbecues or awards ceremonies, which are very much considered extensions of the workplace, responsibility for employees does not necessarily end there.
“In many situations of case law, employers have been found to have been negligent in circumstances where there has been an injury or mishap at a work night out,” McCarthy says.
This could be during drinks after work as described by the reader, or even a continuation of a Christmas party, whereby employees carry on elsewhere after the official event ends.
“Many instances of workplaces getting themselves into hot water in this area have happened after hours in other venues, when it is unclear whether it is a work event or not,” he says.
This can be difficult where, if something does happen, the employer may not be able to prove that the event was not part of a workplace social gathering, potentially providing for employer negligence, he says.
Another aspect of work drinks which McCarthy says employers should be aware of is potentially showing favouritism by inviting some employees and not all, which can cause problems down the line.
“Anyone in authority or a management reporting position does need to be careful in that regard,” he says.
Any signs of favouritism can create feelings of jealousy or resentment between team members, or simply give the wrong impression.
Overall, it might be better to be safe than sorry.
“Sometimes in management, you have to keep a gap, so suggesting drinks on a regular basis to members of your team might not turn out to be the good craic you thought it would be,” he says.
In terms of where responsibility lies for injuries or mishaps outside of the office, it is not clear cut, and it all depends on the circumstances, says Anne O’Connell, principal of employment law firm AOC Solicitors.
Although a chief executive or company would not generally be responsible for anything that happens to an employee once they leave work, they may find themselves at risk if a mishap, injury or assault is in some way connected to the workplace.
‘Some companies have even stopped doing Christmas parties, or they do smaller lunches or dinners now instead, because of claims’
— Anne O’Connell, AOC Solicitors
This could be an event as simple as employees gathering for drinks, she warns.
A casual meet-up for drinks on a Thursday evening could in theory constitute an extension of the workplace, similar to Christmas parties, or summer events, she says.
“Some companies have even stopped doing Christmas parties, or they do smaller lunches or dinners now instead, because of claims,” she says.
Again though, any responsibility depends on the circumstances which might lead to an injury or assault, primarily if an employer acts irresponsibly.
Injuries are not the sole concern for such events, with O’Connell saying cases of assault or harassment can arise during such meet-ups.
“If you go out with an employee and you let them get absolutely drunk senseless, you do have a responsibility to ensure they get home safely – it’s like any work party, it will be seen as work drinks,” she says.
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