Employers are legally obliged to have insurance in place for negligent acts carried out during the course of employment – but how far does that go?
There is a legal rule, or doctrine, called vicarious liability, which means that there is an avenue available for employees to claim compensation from their employer for the negligent acts of their colleagues or other employees. Typically, vicarious liability arises in employer-employee relationships, where an employer can be held accountable for the wrongful acts of their employees committed during the course of employment. This doctrine plays a vital role in allocating responsibility, promoting accountability, and ensuring that victims have a route to compensation.
High Profile Vicarious Liability Cases
There have been some high-profile cases before the courts in recent years where the courts have taken quite a broad view, in particular in cases where there has been historic sexual abuse against members of a religious order or against teachers in schools. In those cases, the courts have held the employer vicariously liable for the sexual abuse committed by their employees. This was the finding in the case of Lister v Hesley Hall Ltd [2001] where the employer ran a boarding house for a school and the warden at the boarding house was sexually abusing some of the children there. The employer was found to be vicariously liable for the actions of the employee (the warden).
The case of Mohamud -v- WM Morrison Supermarkets PLC highlights the broad approach the court has taken to establish that an employee was acting in the course of their employment. This case involved an employee at a Morrison’s petrol station who verbally abused a customer, Mr. Mohamud, while he was in the shop. The employee then followed Mr. Mohamud to his car, climbed into the passenger seat, and assaulted him. Despite the assault being unrelated to the employee’s job, the Supreme Court ruled that Morrison’s was responsible because the attack was connected to the employee’s work environment.
Key Elements of Vicarious Liability
For vicarious liability to be established, certain criteria must be satisfied:
- A Relationship of Control
The doctrine primarily applies to relationships where one party has significant control over the other’s activities, such as the relationship between employer and employee. It does not generally extend to independent contractors, except in rare circumstances where the contractor’s actions are closely integrated into the employer’s operations.
- Acting in the Course of Employment
The wrongful act must be committed while the employee is performing tasks within the scope of their employment. For example, if a delivery driver causes an accident while making deliveries for their employer, the employer may be held liable. However, if the employee acted outside the scope of their duties, such as committing a crime unrelated to their work, liability may not attach.
- Connection Between the Act and Employment
Recent case law has emphasised a broader test of “sufficient connection” between the wrongful act and the employment. If the wrongful act is closely related to the employee’s duties or the risks inherent in the job, the employer may still be liable.
If you have sustained a personal injury as a result of the negligent actions of an employee, then please do not hesitate to contact our expert team of lawyers at Oliver & Co Solicitors. You can call us on 01244 312306, email us law@oliverandco.co.uk or fill in our contact form and we’ll be in touch.
