What is vicarious liability?
Employer liable for employee's negligence in course of employment; Catholic Child Welfare Society v Various Claimants [2012]
When is an employer vicariously liable for a colleague's actions?
Close connection test; acting within course of employment vs personal frolic
What if the colleague was acting outside their job role?
What if the colleague was a manager or supervisor?
How do you make the claim — against the colleague or the employer?
Always against employer; employer's insurer pays; colleague not personally pursued in most cases
What if the colleague was negligent rather than deliberately causing harm?
Negligence is enough — intent not required
Sources
- : Lister v Hesley Hall [2001] UKHL 22
- Catholic Child Welfare Society v Various Claimants [2012] UKSC 56
- HSWA 1974