The claimant sought damages. At the end of the day, a co-employee tried to startle her by pushing an insecure washbasin against her, but caused her actual injury.
Held: The plaintiff’s appeal was dismissed. It was an independent act not sufficiently connected with the employment. An employer would be liable for acts actually authorised and for the way the employee carries out those acts. It was not foreseeable that the washbasin would cause injury, or that it would be used in this way.
Citations:
[1987] IRLR 292
Jurisdiction:
England and Wales
Cited by:
Cited – Lister and Others v Hesley Hall Ltd HL 3-May-2001
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.
Held: ‘Vicarious liability is legal . .
Cited – Gravil v Carroll and Another CA 18-Jun-2008
The claimant was injured by an unlawful punch thrown by the first defendant when they played rugby. He sought damages also against the defendant’s club, and now appealed from a finding that they were not vicariously liable. The defendant player’s . .
Lists of cited by and citing cases may be incomplete.
Employment, Vicarious Liability, Negligence
Updated: 12 April 2022; Ref: scu.214709