header-logo header-logo

09 June 2017 / Michael Salter , Chris Bryden
Issue: 7749 / Categories: Features , Employment
printer mail-detail

Third party pieces: the development of the doctrine of vicarious liability

Chris Bryden & Michael Salter examine a case which re-stated a number of important principles concerning the doctrine of vicarious liability

  • The development of the doctrine of vicarious liability is policy-based and has developed not as an organic strand of the common law, but as a pragmatic method of ensuring that in appropriate cases, deserved compensation is made available.
  • Claims involving vicarious liability will turn on their facts, and the close connection test must be examined against all of the relevant circumstances.

As the authors have written here before, employers should be aware of the risks of claims arising out of the behaviour of employees towards each other or third parties at workplace parties, even when those parties take place outside of the office and after working hours (see ‘Third party harassment’, 157 NLJ 7280, p 960). The risk of vicarious liability in tort, including under the Protection from Harassment Act 1997 or claims of constructive unfair dismissal or discrimination have

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll