Tag Archives: vicarious liability

UK: Medical assessments – employers should review their arrangements to minimise risk of vicarious liability

A High Court has held in Various claimants v Barclays Bank an employer vicariously liable for the acts (in this case, alleged sexual assaults) of a doctor engaged by it as an independent contractor to carry out medical assessments on┬áprovisionally … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: UK

UK: Vicarious liability claims – employers may owe duty of care to employees in the conduct of the defence

The Court of Appeal has ruled that an employer (or, in this case, a quasi-employer, in the form of a Police Commissioner) being sued for vicarious liability for the actions of its employees may arguably owe a duty of care … Continue reading

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Filed under Jurisdiction: UK, Terms of employment contracts

UK: Vicarious liability – Supreme Court’s broad application of “close connection” test means employers more likely to be liable for employee misbehaviour

Employers could be held vicariously liable for staff misbehaviour in a broader range of situations following the Supreme Court ruling in Mohamud v WM Morrison Supermarkets. There is no 'reasonable steps' defence against vicarious liability for torts. Employers should therefore … Continue reading

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Filed under Jurisdiction: UK

UK: Harassment – potential liability for damages to indirect victim

An employer could be vicariously liable under the Protection from Harassment Act 1997 for harm caused by an employee harassing a colleague, including harm foreseeably and directly caused to another person; this could be a spouse living at the same … Continue reading

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Filed under Jurisdiction: UK

Australia: A higher standard for best practice: Federal Court finds employer vicariously liable for sexual harassment

Employers can be held vicariously liable for acts of sexual harassment committed by their employees in the workplace. However, employers may have a 'defence' to such claims if they can demonstrate they took 'reasonable steps' to prevent the sexual harassment. … Continue reading

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Filed under Jurisdiction: Australia, Workplace culture, diversity and discrimination (including bullying and harassment)