Employment law cases

All items: Health and safety breaches

  • Vicarious liability: employer not liable for injuries sustained in horseplay at work

    Date:
    17 March 2015

    The Court of Appeal has held that creating the risk of harm in the workplace was not sufficient to impose liability on the employer for the "frolicsome but reckless" conduct of an employee.

  • Employer vicariously liable for employee's assault on managing director

    Date:
    10 February 2012

    The Court of Appeal has affirmed that, where an employee inflicts violence on another employee or third party, the vicarious liability of the employer for the employee's violent act will depend on the closeness of the violent act to the employee's employment. 

  • Vicarious liability: Nightclub alone responsible for doorman's assault

    Date:
    2 June 2006

    In Hawley v Luminar Leisure and others [2006] EWCA Civ 18 CA, the Court of Appeal holds that responsibility for controlling a worker passed to his "temporary deemed employer", and it was unsuccessful in its attempt to persuade the court to make a finding of dual vicarious liability.

  • Employer's liability: Dual vicarious liability possible

    Date:
    30 December 2005

    In Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd and others, the Court of Appeal holds that more than one "employer" can be vicariously liable for the negligence of an employee, overturning a long-standing assumption that it is possible in law only for one employer to be so liable.

About this category

Employment law cases: HR and legal information and guidance relating to health and safety breaches.