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 been canvassed in detail in previous articles. However, the Employment
