Vicarious liability

• The employee must commit a tort

  C must how the existence of the elements of whichever tort is alleged, as if he was suing the employee himself
• An employer: the multiple test

  Factors will be considered:

  >ownership of tools, plant or equipment

  >method of payment

  >was income tax and NIC paid ad an employee or as self-employed?

  >the contract/ job description

  >is there any independence in doing the job?
• Ready mixed concrete v Minister of pension / Carmichael v national power

  An IC is more likely to work from his own premises, have is own equipment and hire his own helpers
• An employee: the control test

  A person is said to be a worker if his employer retains a right of control not only the work she does, but how he does it (Walker v Crystal Palace)
• An employee: integration test

  Is the work sufficiently akin ro the core functioning of the business?
• An employee: the sufficiently akin test

  (Ev English practice if our lady charity)

  1: the relations ship between D1 and D2, is it similar to employment? (Jehovah witnesses v BxB) / (Various Cs v Barcleys bank)

  2: so much so that it is fair, just and reasonable for the acts of D.
• During course of employment: acting against orders

  If the employee is doing his job but acts against orders in the way he does it the employers will still be VL

  (Limous v London Omnibus)

  (Rose v Plenty)

  (Beard v London Omnibus)
• During the course of employment : commuting a crime

  The employer may not be VL to V if there is a 'close connection' between the crime and the the employees job (lister v Hesley Hall)

  OR 'was the Act of employee closely connected with his employment that it was fair and just to hold the employer VL?' (Mathis v Pollock)
• During course of employement: negligent acts

  The employer can be VL if the employee commits a negligent act (century insurance v NI Road Transport board)
• During course of employment: 'frolic of his own'

  If the employee causes injury or damage to another whilst doing something or at a time outside the area or time of his work, the employer full not be VL.

  (Story v Ashton)

  (Hemphill v Williams)
• Remedies


  The Civil liability (contribution) Act 1978: the employer can recover only compensation it has to payout, back from the employee by a deduction from wages (but is unlikely to be effected )