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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
back-to-top-scroll