Welsh Warned over Weird and Wacky Summer Parties

30|07|08

The growing trend for weird and wacky team building sessions could leave Welsh employers in trouble with the law if they do not use reputable organisations, according to leading solicitors, John Collins and Partners LLP.

The traditional summer soiree that employers arrange each summer, to boost staff morale or reward hard work, is increasingly being replaced by a plethora of weird and wonderful outings, such as go-karting, clay pigeon shooting, archery or paintballing, as businesses get more and more competitive in the bid to have the most exciting and original outing. JCP is advising bosses who are setting up such activities for their staff to make sure they choose companies that have the correct safety standards and procedures in place, to avoid unnecessary risk on the outing.

Consequences of deciding to use a company that does not practice appropriate safety procedures could be severe. In the worst case scenario, where a fatality occurs, firms face an unlimited fine and if found guilty of corporate manslaughter, they may also be made to take out adverts in newspapers publicising their guilt. JCP has recently appointed solicitor Christian Edwards as a Partner in the firm, to deal with the increasing number of enquiries in this area. He said:

"There seems to be a trend at the moment to have the most crazy staff outing – employers want to make it a memorable occasion for their employees. While this is all well and good, the people organising the party need to take into consideration the fact that while staff are under the supervision of the company, they are effectively their responsibility."

JCP has seen an increasing number of enquiries this year from employers who want to know what their rights are when it comes to protecting themselves from claims during company-organised activities. A quick internet search of team bonding activities in Wales brings up a number of ‘off the wall’ activities, including rafting, coasteering, paintballing and kayaking. As Christian Edwards explains, the best way to minimise risk to the business is to use a reputable events company when organising your day out:

"Reputable companies should always have procedures in place to minimise any potential risk, providing adequate safety equipment and training for all participants. Also, if a member of staff signed a disclaimer about sustaining injuries – and most reputable destinations should have such forms in place - then the terms and conditions of this disclaimer would have to be analysed to see exactly what would be covered and what aspects of risk the member of staff was willingly accepting."

Simon Adams of Team Force, a Swansea-based paintballing organisation, said:

"We are committed to enjoyable but safe paintball games. Team Force is a member of the United Kingdom Paintball Sports Federation and we operate to their strict set procedures, and we are also accredited by the tourist board Visit Wales. All of our paintballing equipment is regularly serviced and maintained to ensure the highest safety standards and our 15 acre woodland is purpose-built for the activity.

"Although paintballing is an exciting, adrenaline packed activity, there is no reason it can’t be done safely if organised by reputable companies such as ourselves. The fact that we have over 500 schoolchildren booked in for paintballing sessions this summer just goes to show how our reputation speaks for itself."

Any staff party where alcohol is involved should also be a concern for a company.

Businesses may have to start policing how much alcohol their employees are consuming, as if an employee gets drunk at a work party and then drives home, the company could be liable for the consequences. Future planning of such events is likely to become more focused on minimising the risk of alcohol - assessing the possible outcomes, such as people drink driving, and doing everything possible to reduce the risks, for example, booking them into a hotel for the evening.

The majority of the enquiries that JCP has received involve the burden of responsibility should an accident occur, and who would be held liable. However, the law in this area can vary depending on a number of factors. Christian Edwards explains:

"This is a very complex area of law as there are lots of variables that could effect the outcome of a potential claim for an injury. Factors such as the duty of care, the type of injury sustained and any long-term effects that may result from it need to be considered and this would be something that would be best discussed on-to-one basis with a solicitor. However, I would reiterate that the best thing anyone can do is use a well-established, reputable company, with the appropriate safety standards, and enjoy the day’s activities!"

For up-to-date legal information please visit JCP’s website at www.jcpsolicitors.co.uk. To speak to a solicitor, please call the firm on 01792 773773.

For further information on Team Force, including details of business and charity events, please visit www.teamforceuk.com or call 0845 257 9381