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Harassment/employer's liability: Employers held vicariously liable under 'stalking' legislation

This report relates to 1 case(s)

Key points

In Majrowski v Guy's and St Thomas' NHS Trust, the Court of Appeal holds:

  • Vicarious liability is not restricted to common law claims. An employer may be vicariously liable for a breach of statutory duty imposed only on his employee, if that would be just and reasonable in light of a sufficiently close connection between the unlawful act and the employee's duties and/or if the risk of the employee's wrongdoing is "reasonably incidental" to the employee's duties and, further, if the statute does not expressly (or on its proper construction) exclude such vicarious liability.