What are the Responsibilities of Employers Outside of Work?

A 24 year old man died at a party hosted by his employer at his home in 2015. The mans widow is now seeking £1 million in compensation for her loss and for the wages her husband would have earned during his lifetime.

The tragic accident occurred during a company wide celebration put on by the employer for his staff in the grounds of his home. There was a free bar provided as well as food and an area for people to set up tents and camp overnight.

The man, what has been drinking heavily, died after he fell 7 feet over a low wall and landed on a metal man-hole cover.

The employer has since been accused of ‘failing to safeguard’ his guests and it has been argued that the wall should have been fenced off because it presented a danger to his guests.

The case has not yet reached court but does lead to some questions, such as what are the responsibilities of employers outside of work?

What employers fail to realise is that there are laws and legislations that require employers to be responsible for their employees when on a work event, even if it is outside of normal working hours. Under these legislations, employers should be aware those they:

• Can be held liable for harm (under health and safety laws) or harassment caused to or by their employees, or for negligent acts of their employees.
• Have a responsibility for their staff’s actions, even outside normal working hours or outside of the normal working environment. Any social event organised by the employer is an ‘extension’ of the workplace – regardless of the place or time of the event.
• Could fall foul of religious and possibly sexual discrimination laws. Since October 2010 the Equality Act continues to give protection from sexual harassment but now also gives protection to harassment on the basis of disability, age, gender reassignment, race/religion or belief and sexual orientation.

If you are an Employer and you’re planning an event for your staff, please contact a member of our expert Employment team today on 0116 212 1000 /01858 445 480 so you know you are doing everything you can to protect yourself and your staff.

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