evaluation of vicarious liability

• Evaluation points

  • Employers are best equipped which gives a practical advantage.
  • Employers are not responsible for employees outside of employment.
  • Fairness of closeness of connection test.
  • There is a need for employee tests
• Evaluation

  Employers are best equipped which gives a practical advantage. Employers are often in the best position to offer compensation as they are financially stable. This will make it easier for claimants to get compensation and justice. Employers usually have work related insurance, meaning the can always allow claims even if lots of damage is caused. An example of this is the case of Century insurance (explain). In some circumstances, claimants will always pursue the case where its been traumatic. An example of this is in the case of Lister and others (explain)
• Evaluation

  Employers are not responsible for employees outside of employment. This means they are not expected to micromanage their employee’s torts at all times. In some cases this can be impossible like micromanaging people from home. An example of this is in the case of Iqbal (explain). Another example is the case of Storey v Ashton (explain)
• Evaluation

  Fairness of closeness of connection test. Employers have the responsibility to recruit and train the correct type of employees and they are being disciplined if they don't follow regulations. Even if employers have protected themselves through things like DBS checks, there is no guarantee they won't be held liable for their employees' torts. An example of  this is in the case of Lister and others (explain). This can also stop the employees taking any accountability for their actions. An example of this is in the case of Gravil v Carol (explain)
• Evaluation

  There is a need for employee tests. There are too many tests for determining if someone is an employee but having one test may not be enough. For example, most medical professionals have two managers : their everyday manager and the NHS. Tests are used because it would be unfair if employers are sued by someone who is established to not be an employee. Zero hour contracts offer no protection for either employer or employee.