Legal update – When Festive Cheer Turns into a Legal Hangover 

 

The Christmas party is meant to be a time for joy, laughter, and team bonding. But for employers, it can also be a ticking time bomb. Under UK law, what happens at the party doesn’t stay at the party—it can follow you all the way to the Employment Tribunal. One case that perfectly illustrates this risk is Bellman v Northampton Recruitment Ltd [2018], and its lessons are as relevant today as ever. 

After the company Christmas party, staff moved on to an after-party at a hotel bar. The managing director (MD), who had organised the party, paid for drinks and continued socialising with employees. During a heated discussion about company decisions, the MD assaulted an employee, causing serious head injuries. The question before the court was: Was the employer liable for this violent act, even though it happened after the official party ended? 

The Court of Appeal said yes, the company was liable. Why? Because the managing director wasn’t just another guest at the after-party; he was acting in his managerial capacity, asserting his authority over company decisions even in the early hours of the morning. The discussion that led to the assault was about work-related matters, and the MD used his position to dominate the conversation. This close connection between his role and the incident meant the assault was considered to have occurred “in the course of employment,” even though it happened off-site and after the official party had ended. 

The principle here is vicarious liability: employers can be held responsible for wrongful acts committed by employees if those acts are sufficiently linked to their employment duties. In Bellman, the MD’s status and behaviour created that link. The result? A substantial damages award for the injured employee, covering serious head injuries and long-term consequences, plus significant legal costs for the employer.  

Bellman shows that liability doesn’t end when the DJ packs up. If a senior employee uses their position to influence, intimidate, or harm others, even outside the official event, the employer can be on the hook. This principle applies not just to physical assaults but also to harassment, discrimination, and inappropriate behaviour. 

Tribunal awards for harassment or injury can range from £5,000 to six figures, depending on severity. Add reputational damage, legal fees, and the impact on staff morale, and the price of ignoring risk is far higher than the cost of prevention. 

 

Checklist for Employers: Sleigh Trouble Before It Starts 

1. Pre-Party Communication 
Send a clear message: workplace standards apply at all work-related events. 

2. Refresh Policies 
Update and circulate anti-harassment and conduct policies before the party. 

3. Brief Managers 
Remind senior staff they set the tone and their actions carry legal weight. 

4. Limit Alcohol Risks 
Provide non-alcoholic options and consider drink limits or vouchers. 

5. Safe Transport 
Arrange taxis or travel allowances to reduce late-night risks. 

6. Risk Assessment 
Consider venue layout, supervision, and safeguarding measures. 

7. Reporting Channels 
Make sure employees know how to report concerns confidentially. 

8. Follow Up 
Address complaints promptly and fairly to maintain trust. 

 

The best gift you can give this season? A safe, respectful environment. Because nothing ruins Christmas faster than a tribunal claim and Bellman proves that liability doesn’t clock off when the party ends. 

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