Employers' liability

New and updated

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

    Date:
    17 March 2015
    Type:
    Law reports

    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.

  • Vicarious liability: Ministry of Justice's relationship with prisoner engaged in kitchen work "akin to employment"

    Date:
    7 March 2014
    Type:
    Law reports

    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.

  • Requisite close connection needed for finding of vicarious liability of employer

    Date:
    26 February 2014
    Type:
    Law reports

    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.

  • Civil liability for and commercial consequences of health and safety breaches

    Type:
    Employment law manual

    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.

  • Vicarious liability

    Type:
    Employment glossary

    Definition from the XpertHR glossary.

  • Type:
    Legal timetable

    Section 69 of the Enterprise and Regulatory Reform Act 2013 amends the strict liability provisions under s.47 of the Health and Safety at Work etc Act 1974, so that a breach of a health and safety duty is not actionable except to the extent provided for in regulations.

  • General health and safety duties

    Type:
    Employment law manual

    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.

  • Employer's liability: Employer vicariously liable for employee's violent assault in response to instruction

    Date:
    30 July 2012
    Type:
    Law reports

    In Weddall v Barchester Healthcare Ltd; Wallbank v Wallbank Fox Designs Ltd [2012] 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.

  • Case round-up

    Date:
    1 March 2012
    Type:
    Law reports

    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.

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

    Date:
    10 February 2012
    Type:
    Law reports

    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.