close connection test and modern expansion

• Courts have developed the “close connection” test to justify liability where traditional rules fall short.
• In Lister v Hesley Hall (2001) and Mohamud v Morrisons (2016), employers were liable for intentional and criminal acts by employees because they were closely connected to their job roles
• In Cox v Ministry of Justice (2016), even where there was no formal employment, the relationship was “akin to employment”, and the Ministry was held liable.
• These developments expand liability significantly, especially for criminal acts that the employer couldn’t foresee or prevent. While this ensures victims are compensated, it arguably places an unfair burden on employers.