Vicarious Liability At The Christmas After-Party

First published in The Bermuda Chamber Of Commerce Newsletter (Chamber Insider) December 2018

With the holiday season fast approaching and with it the obligatory work related holiday parties, a recent ruling in the UK regarding the vicarious liability of an employer in respect of an injury caused at a work party may prove to be pertinent.

The background to the decision involved an unplanned after party following a work organised Christmas party. The company's managing director arranged transportation to the after party and the drinks consumed were mainly paid for by the company. During the after party, an argument broke out regarding a new employee's appointment and salary. The managing director, addressing the argument, spoke on his authority for the hire and when questioned by an employee the managing director responded by punching the employee, which led to the employee's traumatic brain damage.