Injured at a Work Christmas Party or Social Event

Quick Summary

• An employer can be legally responsible for injuries at a work event if it is organised by them or closely connected to your employment
• Two routes exist: the employer's own negligence (for example, an unsafe venue), and vicarious liability for a colleague's actions
• The Court of Appeal has held an employer liable for an assault at drinks that followed an official Christmas party
• Each case turns on its own facts, so keep records and get advice early
• This guide covers England and Wales

Does my employer have a duty at a social event?

If your employer organises or runs an event, the duty of care to take reasonable care of your safety may apply, even outside normal hours. Sensible steps include choosing a suitable venue, thinking about hazards such as wet floors, stairs or entertainment, and controlling alcohol. Whether a duty applies to an informal gathering is less clear and depends on how closely it is linked to work.

When can an employer be liable for a colleague?

An employer can be vicariously liable for a wrong done by an employee where there is a close connection between the wrong and the job. In Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214, the Court of Appeal found an employer liable for injuries caused when its managing director assaulted an employee at impromptu drinks following an official Christmas party. The court looked at the whole context, including the director's role and the way the discussion at the drinks was linked to work. Do not assume the same result in a different set of facts.

What are typical injuries?

Slips and falls, injuries from broken glass, trips on stairs and injuries during team-building activities are common. Assaults and horseplay are also seen. Our page on workplace assault claims explains how those are treated.

What should I do?

1. Get medical help and keep records
2. Tell your employer and make sure the incident is recorded (see our guide on the accident book)
3. Note who organised the event, where it was, who was there and whether it was paid for by the employer
4. Keep messages, invitations and photographs
5. Take advice on the time limit, which is usually three years (time limits)

Frequently asked questions

Does it matter if the event was outside working hours?

Not on its own. The key questions are how closely the event is connected to your employment and who organised and controlled it.

Does alcohol affect my claim?

It can be argued that a person's own conduct contributed to an accident, which may reduce compensation. It does not necessarily prevent a claim. See our guide on when the employer says it was your fault.

Can I claim for an event held at a third-party venue?

Possibly against the employer, the venue, or both, depending on who was responsible for the hazard.

What evidence should I keep after an injury at a work event?

Report the incident to the organiser, take photographs and keep medical records, receipts and contact details for anyone who saw what happened. Ask the venue or employer to preserve CCTV where relevant.

Can I claim if a colleague injured me at a work social?

Possibly. Whether an employer is responsible depends on the connection between the event, the colleague's conduct and the employer's control of the circumstances. A solicitor can assess the facts and identify the appropriate defendant.

Injured at a work event?

A specialist solicitor can look at who organised the event and whether your employer may be responsible.

Free case assessment

Or call 01228 272395 to speak to Edward & Amaury Solicitors (SRA number: 800525). No upfront cost and nothing to pay if your claim does not succeed.