Liability of employers for the acts of their employees and others

Produced in partnership with Adam Ohringer, Barrister, Cloisters
Practice notes

Liability of employers for the acts of their employees and others

Produced in partnership with Adam Ohringer, Barrister, Cloisters

Practice notes
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This Practice Note considers the test for an employer’s Vicarious liability in tort, which arises from certain legal relationships and in relation to certain acts. It also considers liability in ‘relationships akin to employment’ and the circumstances in which more than one employer may be vicariously liable (dual vicarious liability). It examines the ‘Close connection test’, which establishes the required connection between the relationship and the wrongful act, re-considered by the Supreme Court in Trustees of the Barry Congregation of Jehovah's Witnesses v BXB.

It sets out the position in relation to liability for the acts of independent contractors and goes on to outline when an employer may be liable for the torts of another person’s employees and where liability to third persons regarding contracts (express and ostensible Agency) may arise.

This Practice Note also outlines liability for Breach of Confidence and privacy and breach of data protection obligations, vicarious liability for statutory torts and an employer’s criminal liability for the acts of employees. The practical implications

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Jurisdiction(s):
United Kingdom
Key definition:
Vicarious liability definition
What does Vicarious liability mean?

Criminal responsibility for the act or omission of another, usually an employee.

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