In Cox v Ministry of Justice  IRLR 370 SC, the Supreme Court held that the Ministry of Justice was vicariously liable for the negligent act of a prisoner while he was working in a prison kitchen.
The Supreme Court has held that an employer was vicariously liable for the actions of an employee who seriously assaulted a customer while at work.
The Supreme Court has held that the Ministry of Justice (MoJ) was vicariously liable for the negligence of a prisoner who injured a member of staff while carrying out kitchen work.
John Bracken and Nancy Goldman-Edwards are trainee solicitors and Chris McAvoy, Lucy Sorell and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.
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.
Definition from the XpertHR glossary.
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.
The Court of Appeal has held that it was fair and just to hold the Roman Catholic Church vicariously liable for the sexual abuse of a boy perpetrated by one of its priests. The vicarious liability arose out of the close connection between the sexual abuse and the priest’s employment.
HR and legal information and guidance relating to employers' civil liability for health and safety breaches.