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mikecarr  
#1 Posted : 24 October 2018 12:43:19(UTC)
Rank: Forum user
mikecarr

Hi all

Just wanted some opinions on where an employers responsibility ends when it comes to alcohol and work realted events.

I'm particually interested in your thoughts on driving after drinking

As far as I'm concerned as long as the employer  has taken resonable steps  in enusing peoples safety e:g laying on transport etc, if someone drives over the limit it not the employers responsiblity if they have an accident

hopeful  
#2 Posted : 24 October 2018 12:54:58(UTC)
Rank: Super forum user
hopeful

This recent case may be of interest -

https://www.kennedyslaw.com/thought-leadership/case-review/vicarious-liability-is-the-party-now-over/

Personally I think there is a bit of personal responsibility however it depends on the pressure and influence management have over the situation. If they lay on transport or accommodation and someone drinks and drives what else could be done? Obviously I would expect action to be taken to try and stop that person if possible.

A Kurdziel  
#3 Posted : 24 October 2018 13:51:52(UTC)
Rank: Super forum user
A Kurdziel

In the case mentioned the guy was the MD and trying to act as the MD even though it was a company party, not on work time. He was the controlling mind (ie his actions were linked directly to the company) of the business as its owner therefore anything he did basically was company business. As far as the office party season goes I would suggest that the following points need to be made:

  • Is the office party something that employees are expected to attend? If so then the company must take on some responsibility
  • Is the company paying for the booze and thus actively encouraging excessive drinking
  • If the first two points are true, has the company made any sort of arrangements to get people home after the party? This could be arranging for taxis etc or they could even insist that the bar shut earlier in the evening so that people can take public transport home(not likely but it would be offering people a get out)

On the other hand if it is just an after work booze up, then, we can hope that adults behave responsibly.

Roundtuit  
#4 Posted : 24 October 2018 13:59:38(UTC)
Rank: Super forum user
Roundtuit

Make sure there is a decent selection of non-alcoholic drinks - not every one does (health, religon etc.), or may want to (other calendar event day after) partake in alcoholic beverage.

Take it the etc. also referred to overnight accommodation for those who may have to travel significant distance to attend

Roundtuit  
#5 Posted : 24 October 2018 13:59:38(UTC)
Rank: Super forum user
Roundtuit

Make sure there is a decent selection of non-alcoholic drinks - not every one does (health, religon etc.), or may want to (other calendar event day after) partake in alcoholic beverage.

Take it the etc. also referred to overnight accommodation for those who may have to travel significant distance to attend

PIKEMAN  
#6 Posted : 25 October 2018 12:44:30(UTC)
Rank: Super forum user
PIKEMAN

The easy reply to this is to ensure that the organisation has an agreed comprehensive D&A policy. Then, should situations arise, refer to it. Simple!

Edited by user 25 October 2018 12:45:11(UTC)  | Reason: Not specified

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