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Vicarious Liability

"Vicarious Liability"

An employer is "vicariously liable" for its employees' torts (wrongs) in the course of their employment.

Under the Equality Act 2010, the "directorship" is "vicariously liable" for his employees' torts in the course of their employment (see fiduciary obligations).

Waters (A.P.) v. Commissioner of Police For The Metropolis [2000] 1 WLR 1607; [2000] UKHL 50; [2000] IRLR 720
"If an employer knows that acts being done by employees during their employment may cause physical or mental harm to a particular fellow employee and he does nothing to supervise or prevent such acts, when it is in his power to do so, it is clearly arguable that he may be in breach of his duty to that employee. It seems to me that he may also be in breach of that duty if he can foresee that such acts may happen and, if they do, that physical or mental harm may be caused to an individual."

Hilton International Hotels (UK) v Protopapa [1990] IRLR 316
"If the supervisory employee is doing what he or she is employed by the employer to do and in the course of doing it he or she behaves in a way which, if done by the employer, would constitute a fundamental breach of contract between the employer and the applicant, then in our judgement, the employer is bound by the supervisory employee's misdeed."

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Disclaimer

The author of this web site and sub-domains accepts no liability arising from the use of, or any part of, or reliance on the information contained within this web site, and its respective pages or downloads, opinions expressed verbally via telephone or otherwise. The content is not intended to be legal advice, and you should not rely upon it in any respect to any specific situation you may be facing. Therefore, the content of this web site will serve as a good springboard to get professional legal advice from a solicitor.