Recruiters warned of potential liability during Christmas

Recruiters planning to celebrate the holiday season with colleagues at parties should take note of recent legal cases that highlight ongoing employer responsibilities—even when events take place off-site or outside formal work settings.

The Court of Appeal’s decision in Bellman v Northampton Recruitment established that a business can be liable for staff conduct after an organised Christmas party ends, depending on the circumstances.

Similarly, in the employment tribunal case Molly Phillips v Pontcanna Pub Company, the claimant successfully argued constructive dismissal after directors failed to address seriously an incident at the company’s Christmas party, where she was placed in a headlock by a colleague and lost consciousness.

Helen Beech, partner at Clarkslegal and director of Forbury People, commented: “Businesses must realise that there is no clear legal dividing line between the end of the ‘official’ event and the voluntary continuation of it by employees.

“When employees get together, there is no ‘safe’ place or time when the company can simply wash its hands of bad behaviour, and so ensuring that the behaviour does not happen in the first place is the first line of defence to potentially high-value claims.”

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