Vicarious Liability

• Where is VL most commonly seen?

  The workplace where the employer is responsible for the actions of their employee
• Two tests for VL with case?

  Barry Congregation of Jehavah's witnesses vs BXA (2023)

  
  

  Was the person alleged to have committed the tort an employee?

  
  

  Was there a sufficiently close connection between any such relationship and the tort committed?
• Employment tests? With cases

  Control test - Hawley v Luminar Lesuire Ltd

  Integration test - Stevenson Jordan and Harrison ltd v Macdonald and Evans

  Economic reality test - Ready mixed concrete Ltd v Minister of pensions and national insurance

  New developments test. - The catholic child welfare society v various claimants
• Control test with case?

  Yewens v Noakes

  
  

  Power to select

  right to control method of working

  payment of wages.
• Day to day basis case?

  Hawley v Luminar Leisure Ltd
• Integration test with case

  Lord Denning states in Stevenson Jordan and Harrison Ltd v MacDonald and Evans

  
  

  That a worker is only an employee if their work is fully integrated into the business
• Economic reality test with case?

  Ready Mixed Concrete ltd v Minister of Pensions and National Insurance
• Rules of ERT

  Employee agrees to provide work for wage

  
  

  Employee implies accepting that work is controlled

  
  

  Contract of employment
• Other relevant factors of ERT

  •Ownership of tools

  •Method of payment

  •Tax and NI payment

  •Job description

  •Independence of a job
• Recent developments two new questions?

  The catholic child welfare society v Various Claimants and the institute of the Brothers of Christian schools

  
  

  Relationship is akin to employer and employee

  
  

  and close connection
• Cox case decision


  Cox vs Ministry of Justice (2016)

  
  

  Even without contract person can be employee

  
  

  Person doing activities as an integral part of business = VL
• Sufficiently close connection?

  Has to be a sufficiently close connection between tort and reason of employment
• Acting against orders case?

  If doing job but against orders in way

  
  

  Limpus v London General
• Employer acting outside of duty? With case?

  No liability Beard v London General Omnibus Co
• Employee committing criminal act? Case?

  Close connection between crime and action meant to be carried out Mohamud v WM Morrison Supermarkets plc
• Employee committing negligent act?

  Century Insurance Co. Ltd v Northern Ireland Transport Board

  
  

  Doing Job badly can still have VL
• Employee committing frolic action

  No Liability Wm Morrison v Various Claimants
• Employer can take compensation from employee

  Civil Liability Act 1978