Festive Spirits and Legal Hangovers

The festive period is upon us; a time for social gatherings, office parties and new year celebrations. However, as the mulled wine flows, the season also brings with it heightened risks for employers, public venues and insurers alike. Data consistently shows a spike in accidents in the lead up to and during the Christmas period, with increased alcohol consumption being a key factor.

While a glass of bubbly may boost spirits, after one too many, it can lead to impaired judgment and reasoning, lowered inhibitions, reduced coordination, disruption to senses and impulsive behaviour. This is a catalyst for a surge in liability claims, the seriousness of which should not be underestimated. Medical studies have revealed alcohol related falls are more often associated with severe craniofacial injury. Moreover, it has been established that there is a direct correlation between the severity of limb and head injuries and blood alcohol concentration.

Company organised events, whether hosted outside of working hours or in a public setting, are considered an extension of the workplace. It follows, an employer’s duty of care to ensure the health, safety and welfare of its employees, so far as reasonably practicable, extends to Christmas parties. Similarly, formal venues hosting festive gatherings have a legal obligation to ensure the safety of their visitors while on the premises, including ensuring the premises are reasonably safe and properly controlled.

Whilst the festive season brings unique challenges, the risks created by overconsumption of alcohol persist throughout the year. The 2022 Health Survey for England found a staggering 24% of adults drank at levels which put them at increasing or higher risk of alcohol-related harm, i.e. more than 14 units each week.

Festive fails replayed across public venues and work parties include stumbles on slippery floors, injuries caused by broken glass, physical confrontations and festive decorations posing as unsuspecting trip hazards. According to the NHS, more than 80,000 people in the UK require hospital treatment for injuries sustained during the festive period each year, with 6,000 of these needing to be admitted.

Accidents with devastating consequences often stem from situations that could have been easily avoided. When claims arise from such circumstances, issues of contributory negligence may well be relevant, however, this does not absolve occupiers and employers of their responsibilities. It is imperative that risk assessments are undertaken and routinely refreshed, and that bespoke policies and operating procedures are not only implemented but adhered to.

We turn to a typical example: an intoxicated patron in a pub was able to access a door that opened directly onto a staircase descending into the cellar. This door, which automatically locked when closed, had been left ajar by the pub manager, who had been retrieving stock from the cellar throughout the evening. The patron fell down the stairs to their death. This tragic accident could have been prevented if proper safety procedures had been followed, such as ensuring adequate stock was brought up at the start of the evening or checking the door was securely closed after each use. Additionally, had a suitable risk assessment of the premises been carried out, the risk of injury would have been identified and mitigating actions could have been taken to ensure the premises were safe.

By taking proactive steps to minimise risks, employers and occupiers can continue to host celebrations while ensuring this season remains merry for all. Key strategies may include:

• Risk assessing the venue and activities, to identify hazards and implement mitigation measures. It is important that assessments and procedures are properly documented.
• Controlling the number of partygoers to avoid overcrowding.
• Ensuring entrances and exits are sufficiently lit.
• Securing or relocating enticing decorations.
• Monitoring overall alcohol consumption and discouraging excessive drinking. For employers, this may mean communicating expected standards of behaviour to employees, limiting a free bar through the use of drink tokens and providing food and non-alcoholic drinks.
• Managing intoxicated revellers in a responsible manner, including refusal to serve alcohol or, if appropriate, requesting that they leave the premises. Consideration should be given to hiring security.

So, as we gear up for the festivities, remember, even Santa would need a solid risk assessment before hosting his workshop party!