Vicarious Liability

• Vicarious liability - prove that there is an employee

  Control test (Yewens v Noakes)

  Integration test (Stevenson v MacDonald and Evans)

  Multiple test (Ready Mixed Concrete v MOP)

  -> do they provide a skill for a wage?

  -> does the employer exert some degree of control?

  -> is there anything that conflicts with it being a contract of employment?

  Sufficiently close test (Cox v MOJ)
• Vicarious Liability - acted in the course of employment

  Doing their job negligently is still in the course of employment (century Insurance v Northern Ireland Transport Board)

  Doing their job in a prohibited way is also in the course of employment (Limpus v London General Omnibus)

  -> particularly if it benefits the employer (Rose v Plenty).

  If they have been told they can’t do their job, and they ignore this, this is not in the course of employment (Iqbal v London Transport Executive)
• Vicarious Liability - travelling

  If they are travelling to work this is not in the course of employment; but travelling in between to workplaces is; any deviation from a journey is not in the course of employment (Smith v Stages)