You may be planning an in-person or virtual celebration with your staff.
While everyone wants to have a great time, as an employer you must understand your potential liability when it comes to your staff and workplace functions, especially if those events involve alcohol.
According to the law there are a number of ways in which you, the employer, may be found liable for the acts of or your employees.
Duty of Care
You have a duty of care whereby you, the employer bears an obligation to protect your employees as well as any third parties from any foreseeable risk. This means, that you, the employer must take steps to avoid any risks. A summary of suggested steps is laid out at the end of this article, however depending on the event or activity there may be other steps that need to be taken.
Social Host
An individual who is the host of the event or party. There is a relationship between the host (the “inviter”) and the guests (the “invitee”) which places an obligation on the inviter to protect the invitee and third parties from foreseeable risk of harm caused by any invitees.
To protect against the foreseeable risks to employees and third parties caused by intoxicated employees, employers can take the following proactive steps.
- Limit & Monitor consumption
- Retain the services of a professional bartender
- Provide non-alcoholic beverages and food
- Designate a team leader to monitor consumption and assist anyone who has become impaired and requires transportation
- Address impaired guests immediately
- Make transportation arrangements and clearly communicate them to guests
- Insist impaired party goers turn over their car keys
- Ensure all management levels lead by example
- Have appropriate liability insurance in place
- Have a policy regarding the use of legal intoxicants at the workplace
Office parties or events, whether onsite, offsite or virtual can also lead to claims of bullying behavior, sexual harassment, discrimination, fighting an inappropriate posting on social media etc. Employers are responsible for the protection and safety of employees at all times.
As an employer you are expected to take appropriate disciplinary action where necessary. At ThryvX we recommend that employee guidebooks and policies be put in place to cover all of the issues that may arise and to ensure that code of conduct and possible disciplinary action at office events is also covered.
Employers and employees must remember that the office party is an extension of your working environment.
Need help with understanding your responsibility as an employer or setting up the appropriate policies? Book a meeting to discuss.
