Vicarious Liability

/Vicarious Liability
Vicarious Liability 2017-09-13T22:30:52+00:00

“Vicarious Liability”

An employer is ‘vicariously liable’ for its employees’ torts (wrongs) in the course of their employment.

Under the Equality Act 2010, the directorship is vicariously liable for his employees’ torts in the course of their employment (see fiduciary obligations).

Waters (A.P.) v. Commissioner of Police For The Metropolis [2000] 1 WLR 1607; [2000] UKHL 50; [2000] IRLR 720
“If an employer knows that acts being done by employees during their employment may cause physical or mental harm to a particular fellow employee and he does nothing to supervise or prevent such acts, when it is in his power to do so, it is clearly arguable that he may be in breach of his duty to that employee. It seems to me that he may also be in breach of that duty if he can foresee that such acts may happen and, if they do, that physical or mental harm may be caused to an individual.”

Hilton International Hotels (UK) v Protopapa [1990] IRLR 316
“If the supervisory employee is doing what he or she is employed by the employer to do and in the course of doing it he or she behaves in a way which, if done by the employer, would constitute a fundamental breach of contract between the employer and the applicant, then in our judgement, the employer is bound by the supervisory employee’s misdeed.”