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Employer liability: Employer vicariously liable for assault carried out by employee

This report relates to 1 case(s)

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    Fennelly v Connex South Eastern Ltd [2001] IRLR 390 CA (0 other reports)

In Fennelly v Connex South Eastern Ltd [2001] IRLR 390, the Court of Appeal holds that an employer was responsible for an assault carried out by one of its employees as it took place in the course of his employment. Judging whether an action is taken in the course of employment requires looking at the job being done by the employee in general terms rather than analysing its component parts. Therefore it was artificial to say that the assault was divorced from what the employee was employed to do; it sprang directly from an altercation being conducted on behalf of the employer.