Company outings are a key part of working culture, a way to build teams, to promote inter-departmental relationships, and, well, to have a good time with your colleagues. But who is responsible if things go wrong? Peter van Eijk, a specialist in personal injury law at GMW Lawyers, has the lowdown.

So you are off to a beach bar for an evening with your boss and the rest of your department and you break a leg during a game of beach volleyball. Who is liable for your injuries? If a spark from the evening bonfire and barbecue burns a hole in your dress, who should pick up the bill.

Much depends on where the accident happened, who organised the event and if reckless behaviour was involved or not.

In fact, there are signs that companies are becoming more reluctant to organise activities because of the possible liability for damages incurred by employees during office outings.

This liability stems from good employment practice and the employer’s duty of care for work safety and the working environment. After all, even a drink or an office outing can fall under the heading of “work”. Work does not necessarily have to take place on the shop floor.

Liability for the employer?

Even if the outing takes place off-site and the employer has given responsibility for organising the event to a specialist party planner, there may be a liability for the employer.

And the more the activities are related to work, the more likely it is that the employer could be held liable, even if the employees participate in the activities voluntarily.

Did the event take place on a normal working day? That could result in liability for the employer in case of emergencies. However, this would not apply in all cases.

There are exceptions

For instance, say an employee commits serious traffic offences at a car rally organised by the company, and someone gets seriously injured. They would not be able to invoke the employer’s liability because the employer could not have been required to prevent such law breaking.

Many employers are also reluctant to attach their name to activities organised by their employees, such as a company football tournament.

But that could be going too far. If the employees participate voluntarily, the matches do not take place at the workplace, are organised outside working hours and are generally friendly, then, in my opinion, it would be difficult to hold the employer liable if someone got injured.

Risks

So should companies now withdraw from company-related activities that are generally enjoyed by all involved? No of course not. But do be aware that things can go wrong, even at the simplest or seemingly safest event.

Employers should ensure a thorough check of the safety risks and get proper insurance. And if you are bringing in an event organiser to put it together for you, make sure they have proper risk assessment procedures and insurance as well.

If you have any questions about liability as an employer or employee, please feel free to contact GMW lawyers. We will be happy to assist you.