Tag Archives: Vicarious liability

An Affair to Forget

picture of broken glass to illustrate broken relationshipIs there a duty of care to prevent an employee having an affair with a service user? No, according to the Scottish Outer House (the equivalent of our High Court) case of Shields v Crossroads (Orkney) [2013] CSOH 144.

Helen Shields was a carer for her husband and son who both suffered serious health problems. She herself was bi-polar and suffered from depression. Socially isolated and largely confined to the family home, she was struggling to cope. Continue reading

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Sex Discrimination and Vicarious Liability

Picture of puppet of PunchCan a claim for sex discrimination be brought against another employee alone and without also bringing a claim against the employer? Yes it can.

Most sex discrimination claims in the Employment Tribunal are brought against either the employer alone or the employer and the individual said to have discriminated. This is because an employer is nearly always vicariously liable for the discrimination and has the money to pay the compensation.

But, ‘nearly always’ is not the same as always. Employers have a statutory defence enabling them to avoid vicarious liability if they can show they took all reasonable steps to prevent discrimination.  And sometimes the claim cannot be brought against the employer at all. The case of Hurst v Kelly UKEAT/0167/13/DM is an interesting example of this situation. Continue reading

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Not a Fair Cop, Guv

1906 picture of officer arresting womenFollowing the Scottish decision in Vaickuviene a couple of weeks ago, here is an English case on vicarious liability for harassment, which has also failed.

In Allen v Chief Constable of Hampshire Constabulary [2013] EWCA Civ 967, the Claimant brought a claim that the Police Force was vicariously liable for a course of conduct of harassment by a serving Police Officer. Continue reading

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Vicariously Liable for Murder? No.

Deutsch: J Sainsbury Logo

Deutsch: J Sainsbury Logo (Photo credit: Wikipedia)

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 ([2013] CSIH 67), the equivalent of the English Court of Appeal, overturned that decision. Continue reading

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Vicariously Liable for Murder?

Deutsch: J Sainsbury Logo

Deutsch: J Sainsbury Logo (Photo credit: Wikipedia)

In Vaickuviene v J Sainsbury plc [2012] 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

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