What is vicarious liability?
One person is liable for a tort committed by another, usually an employer who is liable for any tort committed by their employee in the course of employment
Civil Liability (Contribution) Act 1978
- Employer is entitled to recover any compensation paid out to the claimant from the employee
- e.g by deductions in wages
What is the two stage test that must be satisfied?
- 1) Relationship between D and tortfeasor must employment or ‘akin to’ employment
- 2) Must be a close connection between wrongful conduct and acts the tortfeasor was authorised to do so it can be regarded as done by the tortfeasor in the course of employment
What is a tortfeasor?
The person who committed the tort and for whom the D is taking legal responsibility
Stage 1 (St1) Employee relationship
- Employer is only liable for torts committed by employees
- If a person is injured because of the negligence of an independent contractor, they must sue them instead
Case for St1
Barclays Bank v Various Claimants
What are the 4 tests for employee status? (St1)
- Control test
- Integration test
- Economic reality test
- Akin to employment test
Control test (St1)
Ability to control the way a job is done: employee is told what to do and how to do it
Case for control test (St1)
Mersey Docks & Harbour Board v Coggins and Griffiths
Integration test (St1)
Will be an employee if their work is fully integrated into the business, not if it’s only an accessory to the business
Case for integration test (St1)
Stevenson, Jordan and Harrison v MacDonald and Evans
Economic reality test (St1)
3 factors must exist before a worker can be classified as an employee:
- 1) employee agrees to provide work/skill in return for wage
- 2) Employee accepts the work will be subject to control of the employer
- 3) All other considerations in the contract are consistent with there being a contract of employment
Case for economic reality test (St1)
Ready Mixed Concrete v Minister of Pensions
Factors relating to economic reality that are considered (economic reality test, St1)
- Who bears the chance of profit/loss?
- Is the worker paid a regular salary or paid by job?
- Does the worker pay income tax/national insurance
- Can the worker delegate work to another, take on work from someone else or decide when to do a job?
Akin to employment test (St1)
Can be vicariously liable for someone who is not technically their employee but the relationship between them is sufficiently akin to employment
Case for akin to employment test (St1)
Catholic Child Welfare Society v Various Claimants
Stage 2 (St2) close connection test
Wrongful act must be so closely connected with acts that the tortfeasor was authorised to do that it can be regarded as in the course of employment
Employee acting negligently (St2)
If an employee does their job badly which causes damage to another
Can be VL
Case for employee acting negligently (St2)
Century Insurance v Northern Ireland Transport Board
Acting against orders (St2)
Acts against orders in the way they do their job
Can be VL
Case for acting against orders (St2)
Limpus v London General Omnibus
Employee acting on a frolic of their own (St2)
- Caused injury/damage to another when doing something that has nothing to do with their employment
- Time/place outside of work
- Not VL
Case for employee acting on a frolic of their own (St2)
Hilton v Thomas Burton
Travelling (employee acting on a frolic of their own, St2)
Travelling to and from work is usually outside course of employment, but travelling between workplaces the employer can be VL
