header-logo header-logo

09 February 2012
Issue: 7500 / Categories: Legal News
printer mail-detail

Violence at work

Court of Appeal rules on employers liability for employee violence

Whether employers are liable when employees get violent depends on the facts, the Court of Appeal has ruled.

Weddall v Barchester Healthcare Ltd; Wallbank v Wallbank Fox Designs Ltd [2012] EWCA Civ 25, [2012] All ER (D) 01 (Feb) concerned two cases where an employee assaulted their manager in the workplace.

The court looked at the connection between the violent act and what the employee had been asked to do. It reached a different decision in each case.

In Weddall, the employee refused on the phone to work a night shift, and then turned up at work and assaulted his manager. The employer was not held vicariously liable.

In Wallbank, the employee was asked to do something while at work and responded by throwing his manager onto a table. The employer was vicariously liable.

Michael Pether, partner at Berrymans Lace Mawer, says: “The decision highlights that outcomes in employee violence situations are highly fact-dependent and involve a rather subjective ‘value judgment’ by judges. That leads to situations like the current one where cases which look very similar on their facts can go either way.

“Earlier decisions emphasise that the courts will pay close attention to whether the nature of the employment increases the risk of violence. Fist-fights in rugby matches are a good example of this.”

Issue: 7500 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll