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.
The Court of Appeal has held that the Ministry of Justice, which it found had a relationship with a prisoner assigned to do kitchen work "akin to employment", was vicariously liable for the negligence of the prisoner when he accidentally dropped a heavy sack of food on a member of staff's back.
The Court of Appeal agreed with a county court that the "close connection" test to determine whether or not an employer is vicariously liable for the assault committed by its employee on a customer requires some additional factor that goes beyond the mere fact that the employment provided the opportunity and setting for the assault to occur and the employee's duties included interaction with customers.
The law on negligence claims by employees and non-employees who are injured at work, and the commercial consequences of occupational incidents, stress, accidents and ill health.
Definition from the XpertHR glossary.
The law on general health and safety duties, including employers' duties to employees in terms of criminal and civil liability, employers' duties to non-employees, and employees' duties.
In Weddall v Barchester Healthcare Ltd; Wallbank v Wallbank Fox Designs Ltd  IRLR 307 CA, the Court of Appeal affirmed that an employer's vicarious liability for a violent assault on another employee or third party will depend on whether or not the unlawful act was sufficiently closely connected with the employment.
David Malamatenios and Georgina Kyriacou are partners, and Krishna Santra, Colin Makin and Sandra Martins are associates at Colman Coyle Solicitors. They round up the latest rulings.
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.
HR and legal information and guidance relating to employers' liability for health and safety breaches.