Vicarious Liability

• Positive 1

  • Often provides a remedy because an employer is more likely to be able to pay compensation than an an individual as they are wealthier
• Positive 2

  • Encourages employers to properly train and be responsible for their employees. This raises standards and makes accidents less likely.
• Positive 3

  • It is fair that the employer should be liable as they are profiting off the work of their employees and should be responsible for their failings
• Positive 4

  • Employers are insured in most cases, meaning they will not actually have to pay the full damages award themselves. The insurance cost is also usually spread throughout the customers.
• Positive 5

  • It is also fair as the employer will only be liable if the employee is acting in the course of employment and not an independent contractor.
• Negative 1

  • Even when they have trained, supervise and disciplined their staff they are still liable if the act was done at work.
• Negative 2

  • Businesses feel the need to be insured, in case they are sued which increase costs to the business and the customer
• Negative 3

  • In the case of Mohamud v Morrisons where the employee committed a crime the employer would never have condoned, they are still liable
• Negative 4

  • With an increase of working from home, it is more difficult to supervise work and for employers to be responsible, this may increase insurance costs.