Was An Employer Negligent Or Vicariously Liable For Injury Sustained During An Office Party At Work Premises?

Case law has considered the actions of an over-exuberant attendee to an office party in what continues to be a fact-specific area of law

The law

The law of negligence provides that a duty of care is owed between parties in a relationship of 'sufficient proximity', where the damage suffered is 'reasonably foreseeable' and it is fair, just and reasonable in all circumstances that the duty of care be imposed.

Vicarious liability means that a person (A) can be liable for the actions of another wrongdoer (B), where the relationship between A and B and the wrongful act of B means that it is just and reasonable to hold A legally responsible.

The interpretation of these tests and application to the facts can make it difficult for employers to gauge where they stand in relation to vicarious liability for negligent acts by an employee. Case law is extremely fact sensitive which can lead to very different outcomes.

Case details: Shelbourne v Cancer Research UK [2019]

In 2017 Mrs Shelbourne attended a Christmas party held at Cancer Research UK (CRUK)'s offices. The party had been organised by a group of volunteers within CRUK and was limited to staff, spouses and staff guests. CRUK hired two door staff for the party, primarily to stop employees and guests accessing the office's laboratories. Mr Bielik, a visiting scientist who was not employed by CRUK but worked at the offices, attended the party and for reasons better known to himself decided to lift several members of staff up over the course of the evening. He attempted to pick up Mrs Shelbourne, slipped, and dropped her resulting in Mrs Shelbourne sustaining a serious back injury. Mrs Shelbourne sued CRUK for negligence.

Negligence and the duty of care

The Courts considered that CRUK owed Mrs Shelbourne a duty of care; the issue to be decided was at what level that duty was set and for the Court to then determine if CRUK had breached the required standard of care.

At the centre of this deliberation was the provision of alcohol at the employer's event, to what extent this increased the risk factors and whether this increase meant the injury to Mrs Shelbourne was reasonably foreseeable by CRUK in the circumstances.

Mrs Shelbourne argued that, knowing alcohol was to be served, CRUK needed to meet a high standard of care which included attendees signing a declaration of good behaviour and providing trained staff to supervise the event. She also argued that CRUK should have engaged specially trained...