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07 March 2016

Are you vicariously liable for the actions of your employees?

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07 March 2016

Are you vicariously liable for the actions of your employees?

It has recently been held by the Supreme Court that supermarket giant, Morrisons, was vicariously liable for the actions of one of its employees when he assaulted a customer.

The attack happened when a customer entered a Morrisons’ petrol station and asked a member of staff whether they would be able to print some documents for him from a USB stick.

The member of staff in question allegedly responded in an offensive and racist manner before physically attacking the customer.

The customer has subsequently brought a claim against Morrisons on the basis that they are “vicariously liable” for the actions of their employees.

The County Court and the Court of Appeal dismissed the claim on the basis that the actions of the employee are so unconnected with what he was employed to do that he could not be deemed to have acting in the course of his employment.

The Supreme Court has however overturned the decision and has decided that Morrisons should be liable for the employee’s actions.

 
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Danielle Ward

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Expert Commentary

Danielle Salece, Employment Solicitor, comments

“The Supreme Court examined the nature of the job and identified that the role was to attend to customers and assist them with any queries. It held that the attack was the direct result of a query from a customer and that the employee was acting in the course of his employment when the attack happened.

The Supreme Court has suggested that it has not changed the law on vicarious liability but my view is that it has certainly widened the scope for claims against employers, who in future, could be found liable for acts of their employees even if the employer itself is not at fault.”

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