there are numerous ways in which an employer can be vicariously liable for the actions of their employees.
She says: “This can include harassment or misconduct, for example if an employee harasses a colleague, or another attendee at a corporate event, whether the employer organised this or not.
“It is worth pointing out that the recently published Employment Rights Bill 2024, amongst other things, will impose additional duties on employers expanding their duties to prevent harassment of staff. Failure to update and review company policies around this could bring about additional exposure.
“Also, if an employee fails to setup equipment properly and this results in an injury to an attendee or another employee, again the employer could be held vicariously liable in these circumstances.
“Or, another example could be where an employer provides alcohol at an event which leads to an employee drinking excessively, resulting in an incident where the employer could be held responsible.”
Businesses can reduce the risk of vicarious liability attaching and create safer, more enjoyable events, by proactive risk management.
It is always important to ensure adequate insurance solutions such as Public Liability and Employment Practices Liability are in place to dovetail with these policies and
Expert View PROTECTING YOURSELF FROM
EMPLOYEE ACTIONS By Victoria Mitchell,
Partner and head of employment, Farley’s Solicitors
Vicarious liability is a law that imposes a strict liability on employers for the wrongdoings of their employees, whether in the office, at networking events, or sometimes even when attending social events with colleagues.
It can arise in various situations, such as when an employee’s negligence leads to injury or damage, or when an employee commits a wrongful act within the scope of their employment.
This can include discriminatory acts, acts of violence and acts of abuse.
How can an employer protect themselves from vicarious liability claims?
Employers can take steps to protect themselves from vicarious liability:
• Implement a comprehensive risk assessment to identify and mitigate
potential risks in the workplace and beyond
• Provide regular training for employees, ensuring they are aware of your company policies and the behaviour that is expected from them in all environments
• Have clear company policies in place relating to anti-bullying, harassment, and equality which establish guidelines for acceptable conduct
• These policies should also include procedures for reporting and addressing any issues
• Consistently enforce and review your company policies for effectiveness
Employers will need to show that they’ve taken ‘all reasonable steps’ to prevent wrongdoings, if they want to show that they are not vicariously liable for the actions of an employee.
LANCASHIREBUSINES SV
IEW.CO.UK
procedures. Jade McEvoy, people consultant at Preston based employment law, HR and health and safety firm AfterAthena, says there are ways to protect businesses.
These include establishing clear policies and putting out pre-event reminders. She says: “Develop and communicate comprehensive policies outlining expected behaviour standards at all workplace events.
“Remind staff that, whilst we want them to have a great time, these policies remain applicable at work events, informal or formal, and must be complied with.”
And she adds: “For planned work social events, a risk assessment of the risk, particularly sexual harassment, should be conducted with a view to identifying measures to put in place to mitigate the risks identified such as a restriction on amount of alcohol consumed courtesy of the employer.”
Training can also play its part. She advises businesses to offer regular sessions on equality, diversity, and inclusion, emphasising ‘respect at work’ and harassment prevention.
Other measures include assigning individuals who can act as contacts for the confidential reporting of concerns and having supervisors discreetly monitoring events and overseeing conduct.
She adds that it is important to act promptly and to take appropriate measures to address any complaints.
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LEGAL VIEW
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