30 June 2023
Volunteers are akin to employees when it comes to vicarious liability, the Supreme Court held in Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB
Writing in this week’s NLJ, Rebecca Sheriff, partner at Bolt, Burdon Kemp, welcomes the clarity this case will bring when it comes to abuse claims.
The case involved a claim for abuse at the hands of one elder in the Jehovah’s Witnesses. The organisation was held not vicariously liable for the abuse in this particular case as the court took the view the abuse was not sufficiently connected to the authority the abuser held over the victim due to their position within the organisation. However, the court did clarify that elders are akin to employees in the Jehovah’s Witnesses.
Sheriff writes: ‘Establishing that organisations can be held vicariously liable for people in positions of power but on an unpaid or voluntary basis is an important and welcome development and an undeniable victory for all survivors of abuse who have had a similar experience.’
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