Several women were in the washroom provided by the employers at their factory. One decided to startle another by giving the wash basin a push, as a result of which the claimant twisted her back.
Held: Lawton LJ, with whom Sir John Donaldson MR and Glidewell LJ agreed, said: ‘What she did was a deliberate act which had nothing whatsoever to do with anything she was employed to do. It was not an improper way of doing her job; it was something wholly outside her job.’
Judges:
Sir John Donaldson MR, Lawton, Glidewell LJJ
Citations:
Unreported, 27 March 1987
Cited by:
Cited – Weddall v Barchester Healthcare Ltd CA 24-Jan-2012
Parties appealed against judgments dismissing their claims of vicarious liability as against their employers after assaults by co-employees.
Held: Appeals were dismissed and allowed according to their facts.
In one case, one employee . .
Lists of cited by and citing cases may be incomplete.
Vicarious Liability
Updated: 04 May 2022; Ref: scu.450492
