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.