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employers responsibility for off duty staff

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Would an employer have any obligation to an employee bullied and threatened on the work premises but off duty? This relates to a hotel situation, the employee was in the public toilets,followed in b… Read More
cv54 Avatar
6y, 1m agoPosted 6 years, 1 month ago
Would an employer have any obligation to an employee bullied and threatened on the work premises but off duty?
This relates to a hotel situation, the employee was in the public toilets,followed in by her two immediate supervisors who told everyone else to leave while they battered her...
Thankfully someone intervened but she is now scared to return to work,i dont know the history of the situation,all staff were off duty and present at a social occasion....
Any advice appreciated.
Thanks
cv54 Avatar
6y, 1m agoPosted 6 years, 1 month ago
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banned#1
what do you mean 'obligation'?

do you mean they can be sued for compo?
banned 2 Likes #2
Its not being bullied and threatened, its assault. Report it to the police and hotel management
#3
errr call the police
1 Like #4
If it's a social occasion, as in a works night out, then the employer is responsible for the conduct of his/her staff. Even more so if the event took place on/in their place of employment.
#5
csiman
what do you mean 'obligation'?

do you mean they can be sued for compo?


Nope, I mean do they have to make sure she feels safe to return to work ? What would be reasonable for them to do ? Would the employees be guilty of gross misconduct despite being off duty ?
#6
Paddy Charlie
Its not being bullied and threatened, its assault. Report it to the police and hotel management

Both done as far as I'm aware, she has had a meeting with the hotel owners,but noone seems sure if they are responsible or not .....
1 Like #7
cv54
Paddy Charlie
Its not being bullied and threatened, its assault. Report it to the police and hotel management

Both done as far as I'm aware, she has had a meeting with the hotel owners,but noone seems sure if they are responsible or not .....


were they in company uniform?
was the social event a works night out (ive known staff to get the sack when on a works night out, behave badly as they are representing the comapny etc etc)
#8
ilovepink
cv54
Paddy Charlie
Its not being bullied and threatened, its assault. Report it to the police and hotel management
Both done as far as I'm aware, she has had a meeting with the hotel owners,but noone seems sure if they are responsible or not .....

were they in company uniform?
was the social event a works night out (ive known staff to get the sack when on a works night out, behave badly as they are representing the comapny etc etc)

I think I have heard similar. bringing the company into disrepute.
#9
Vicarious liability, Solicitor or ACAS is the first port of call but you can gleam some information from here:
http://en.wikipedia.org/wiki/Vicarious_liability
#10
Call the police let them sort it out.
1 Like #11
Yes the hotel is responsible. As the person would not have been in there if they didn't work there. The hotel have to make sure that their staff feel safe to return to work, otherwise she can leave, and take them to a tribunal for constructive dismissal, as she was being made to return to a hostile environment.
#12
They hotel do not have to make sure she feels safe.
If that were the case, anyone could say that they don't and be sued.
#13
thesaint
They hotel do not have to make sure she feels safe.
If that were the case, anyone could say that they don't and be sued.


They do in the fact that she has been beatten up on work premises, it is the companies responsibility
#14
Call police. Staff will probably get the sack if the police charge the bullies with anything
banned#15
Is this thread for real?
#16
Kitten13

They do in the fact that she has been beatten up on work premises, it is the companies responsibility


You are right apart from:

1. She wasn't beaten up.
2. An employer has no obligation for ensuring an employee "feels" anything.
#17
slightly tricky, but i sspect as they are co-workers, there is some form of overlap there. I think it would be wise to change supervisors for now and pending a police enquiry deal with the situation. Bullies adeserve what they get.
banned#18
Kitten13
thesaint
They hotel do not have to make sure she feels safe.
If that were the case, anyone could say that they don't and be sued.


They do in the fact that she has been beatten up on work premises, it is the companies responsibility

all staff were off duty and present at a social occasion....
#19
many moons ago on an official company night out (Christmas) a few employees were sacked after starting a fight in the toilets of the hotel where the do was being held, these guys brought the comapny into disrepute and were sacked upon return to work, the following monday.
my wife was involved in an altercation few years back (she was innocent) and the fellow employee was hauled up to the big wigs and reprimanded, even though it was not an official night out there were a load of employees out at the same time.
So if the place puts in an official complaint, then yes they can be dealt with,cos at the end of the day, the company reputation is at stake
banned#20
If the incident occured at a work related event, eventhough, off premises, then that would be deemed as an extension of the workplace. Now if that is the case, then the employer would owe all the same duties imposed by statute, regulations and the common law.

Whether the employer is responsible or liable for any harm brought to the employee following this incident would be determined upon the facts.

If the employee is scared to return to work, she should report it to her superiors or HR immediately and report the actual incident. If they fail to intervene or investigate they can potentially be sued by the employee. Any failure from the employers to properly deal with this matter may amount to a constructive dismissal where the employee can resign and then sue the employer for breach of contract.

Best bet would be to visit the CAB or a Solicitor.
banned#21
Pointless question unless the incident is reported.

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