Managing Director’s Drunken Assault On Colleague Was ‘In The Course Of Employment’

In the recent case of Bellman v Northampton Recruitment Ltd, the Court of Appeal had to decide whether there was a sufficient connection between a managing director’s job and his drunken assault on a colleague to make the company vicariously liable for his actions.

Bellman v Northampton Recruitment Ltd

Case Background

An employer will usually be held liable for the acts of an employee done ‘in the course of employment’. The legal test is whether the acts were ‘so closely connected with the employment that it would be fair and just to hold the employers vicariously liable.’

Mr Major was the Managing Director at Northampton Recruitment Ltd (the Company). Mr Bellman was a Sales Manager at the Company.

Following the Company’s 2011 Christmas party, a number of guests, including Mr Major and Mr Bellman, went on to a hotel where some were staying. This was for an ‘impromptu drink’ and was not a planned extension of the party, although the Company paid for the guests’ taxis to the hotel and it was expected that the Company would pay for some of the drinks at the hotel.

The conversation at the hotel turned to work-related matters and became heated, leading to Mr Major losing his temper and lecturing the employees present on how he owned the Company and made the decisions. When Mr Bellman challenged him, Mr Major swore at and assaulted Mr Bellman, with the result that Mr Bellman sustained severe brain damage.

Mr Bellman brought a claim against the Company alleging that it was vicariously liable for Mr Major’s actions.

The High Court decided that the Company was not liable for Mr Major’s actions. On the basis that the drinking session at the hotel was separate from the Christmas party itself and at a separate location, the Court found that the incident had occurred in the context of ‘entirely voluntary and personal choices’ by those present to engage in a heavy drinking session. As such, there was insufficient connection between Mr Major’s job as Managing Director and the assault.

Mr Bellman appealed the High Court decision.

Court of Appeal Judgment

The Court of Appeal upheld the appeal.

It found that when considering whether something is ‘in the course of employment’ the employment in question must be looked at broadly and it is wrong to focus too narrowly on what the employee is expressly authorised to do in their job. Whilst the drinking session at the hotel, where the assault took place, was not a seamless extension of the Company’s Christmas party, Mr Major had decided to wear his ‘metaphorical director’s hat’ during the drinking session by lecturing his subordinates on his rights as Managing Director.

Comment

This case should not be taken to suggest that employers automatically become insurers for violence by their employees (i.e. vicarious liability will not arise simply because an argument about work matters between colleagues leads to an assault, even where one colleague is more senior than another). However, employers should take careful note of this case because it confirms that there should be a broad application of the ‘close connection’ test (see Case Background, above) to incidents of assault by employees.

This is particularly relevant at this time of year, where work-related social events may lead to excessive alcohol consumption by employees. It is important that, among other things, employees are made aware of what constitutes acceptable behaviour at work-related social events and the consequences of misbehaviour, and appropriate steps are taken to ensure that matters do not get out of hand (such as discouraging heavy drinking, limiting the amount of free alcohol made available to employees and designating staff members to monitor the activities of staff during the course of events).

How Nelsons Can Help

Peter NicholsonBellman v Northampton Recruitment Ltd is an Associate in our specialist Employment Law team.

For further information or to comment on this article, please contact Peter or a member of the team on 0800 0241 976 or contact us via our online form.

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