Office party compensation claim threat

Remember the days when you could go to the office party, have a dance with the Managing Director who predictably turned up dressed as Santa, walk around with a bit of mistletoe hanging over your head so that you could make your way towards all the office hotties and finish the night off photo copying bits of your anatomy which would surely be distributed around the entire office by Monday morning? These were the days before the risk of personal injury compensation claims.

Although if you fell in a drunken stupor or was knocked over in a road accident on your way home from your office Christmas party you wouldn't technically be having an accident at work, your employer may still be liable for your safety.

According to an advice leaflet recently published by Acas (Advisory, Conciliation and Arbitration Service) employers have a duty of care to get us home safely after organized office parties and could face having a personal injury claim made against them if they neglect this responsibility.

When it comes to alcohol, especially provisions of free and flowing alcohol, employers should be particularly careful. They will have to keep a watchful eye on any under-age or young employees making their way towards the free bar and make sure that they don't over do it and end up with alcohol poisoning or some other similar personal injury.

An employer could also be held accountable if a worker is harmed while drink-driving home from an office party and should endeavour to arrange transport for employees to ensure they get home in one piece.

If supplying food, stringent health and safety measures will have to be followed to reduce the risk of food poisoning, particularly when dealing with buffets, canapés and other cold or re-heated snacks. For food that is laid out, clear signs stating precisely what each food is should be displayed to avoid those with allergies to nuts and other reactive ingredients having potentially fatal reactions.

Staff that experience trips or falls resulting in personal injury on the premises where the party is being held could be eligible to make compensation claims. What's more, if your office do takes place on work premises, your employer will still be responsible for your health, safety and welfare and could face charges if they allow you to take part in activities that put you at risk of sustaining personal injuries.

So if they see you heading for the stapler in a bid to start a round of "pin the tie on the boss" or spot you loitering around the photocopier with your trousers round your ankles they could be in strife.

"Many organisations find themselves in hot water over the Christmas season where seemingly harmless pranks or party ideas result in damage or tribunal claims," commented a spokesperson for Acas.

In response to possibilities of work-related accident claims, Matt Hardman, of the Forum of Private Business, commented that some companies have already cancelled formal office parties, adding, "They feel they are given unreasonable responsibility for employees who may have a mishap after over-indulging.

"The smaller the business, the more acutely aware they are of the consequences of being taken to an employment tribunal.

It is not just a case of if they lose, but they are also less likely to have the resources needed to fight their case. The repercussions could be severe."

A survey carried out by Law firm, Peninsula, revealed that three out of four managers fear that their office Christmas party will result in a compensation claim being made, whether it be for harassment, discrimination or personal injury compensation.

To avoid having work-related accidents made against them after the office party this festive season employers should follow valuable advice given by Acas, which includes supplying plenty of food and soft drinks to help workers sober up, providing cards for legitimate local taxi firms, providing a mini bus or other transport, or making sure the party finishes at a time when public transport is still available.

The Claim Solicitors advise that:

Employees should take responsibility for their own behaviour and actions.
Employees should be careful not to consume too much alcohol and avoid getting carried away with the Christmas festivities.
Employers should be vigilant of their staff's actions.
Employers should not over supply alcohol.
Following this simple advice could mean that your office Christmas do ends with party poppers and good cheer rather than the need for ambulances and personal injury compensation claims.

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