Vicarious liability; agency workers; the 'general' employer retains liability unless transfer of control is absolute.
I Ll.LR 1 - Vicarious liability; fraud; employer liable for fraud of employee acting within apparent authority.
Racial harassment; vicarious liability; course of employment. The Court of Appeal held that 'in the course of employment' in the Race Relations Act 1976 must be given a broad, purposive interpretation, it is not to be equated with the common law tortious test. Acts of racial harassment by fellow employees can fall within the course of employment even where they are outside the employer's instructions, so long as they occur in a work context.
Harassment; vicarious liability; social events (e.g. pub drinks) immediately after work are 'in the course of employment'.
TUPE; Vicarious liability; held (controversially) that an employer's vicarious liability for a transferring employee's tort transferred to the transferee under TUPE reg 4(2)(a). Distinguished and doubted in Sean Pong Tyres Ltd v Moore.
Discrimination; tainted information; a decision maker with innocent motivation is not liable for discrimination even if relying on a report from a motivated third party.
Agency; liability; a principal is only liable for an agent's act under s.109 EqA if the agent's act is itself a contravention of the EqA.
Vicarious liability; a company was vicariously liable for its managing director's assault on an employee at an impromptu drinking session after the office Christmas party: there was a sufficient connection between his field of activities (he had chosen to exercise managerial authority in the argument) and the assault. Emphatically not authority that employers are insurers for all violence between colleagues.
Vicarious Liability; data breach; employer not liable for a rogue employee's data leak committed for personal vendetta.
Vicarious Liability; independent contractors; bank not liable for sexual assaults by an independent contractor doctor (distinct from employees).
Vicarious Liability; negligence; employer not liable for a practical joke (exploding pellets) by a contractor/employee as it was not in the course of employment.
Vicarious Liability; 'close connection'; further narrowing of the test; rape committed by an elder was not closely connected to his role.
TUPE; Vicarious liability; the transferor's vicarious liability for discrimination/harassment by a transferring tortfeasor does not transfer to the transferee under reg 4(2)(a). The claimant victim (whose employment did not transfer) retains their claim against the original employer.
TUPE; Vicarious liability; where employees whose conduct gave rise to a third-party personal injury claim transferred under TUPE, the transferor's vicarious liability for those pre-transfer wrongs did not transfer to the transferee. The High Court (distinguishing Doane) held that the claimant's claim remained against the original employer.
Whistleblowing; the Court of Appeal called for legislative reform, stating they would have departed from Timis v Osipov if not bound by it; confirmed that an employee can bring a dismissal detriment claim against their employer under s.47B ERA 1996.