If an incident (e.g. one employee assaults another) occurs at an event attended by a number of staff but that event was in no way arranged by the company, is the employer liable for any incidents that may occur? Should the employer investigate and carry out the disciplinary procedure?

Posted in : First Tuesday Q&A ROI on 7 February 2012
Barry Walsh
McDowell Purcell
Issues covered:

The scope of the employment relationship has broadened considerably over recent years and now can incorporate situations that previously would never have been thought of as being relevant to an employer. However, there are still no prescriptive rules as to when something comes within or outside the scope of employment.

The event referred to here was not arranged by the employer and it is very unlikely to be liable for incidents that occurred. Incidents occurring between employees who voluntarily and independently decide to meet up outside of work are generally considered outside the scope of the employment relationship and not something the employer is legally obliged to investigate or

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Back to Q&A's This article is correct at 03/09/2015

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Barry Walsh
McDowell Purcell

The main content of this article was provided by Barry Walsh. Contact telephone number is +353 1 828 0600 or email bwalsh@mcdowellpurcell.ie

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