As reported here, last June, in Vaickuviene v Sainsbury the Outer House of the Court of Session in Scotland refused to strike out a case claiming Sainsbury was vicariously liable for the murder of one employee by another. On 11 July, the Inner House ( CSIH 67), the equivalent of the English Court of Appeal, overturned that decision. Continue reading
Tag Archives: Majrowski
In Vaickuviene v J Sainsbury plc  CSOH 69 the Outer House of the Court of Session (the equivalent of the High Court in England) was asked to consider the application of vicarious liability for the murder of a Lithuanian shelf stacker at Sainsbury in Aberdeen by another worker. Continue reading
The seminal case (well, I would say that wouldn’t I) and said to be the start of claims for harassment in the workplace as an alternative to the ‘normal’ stress claim.
In practice, clear authority for the proposition that the ordinary principles of vicarious liability apply to tortious claims under the PHA and the source of some highly persuasive opinions about the nature of the conduct required to amount to harassment. Essential reading if contemplating a claim.
What is probably not commonly known is that after winning in the House of Lords, the claim was discontinued as it was evident the conduct being complained about was not sufficiently serious to amount to harassment under the PHA.
A small prize will go the first reader who can tell me how the Claimant’s surname is correctly pronounced.