Employment Law

Employer not always vicariously liable

Such vicarious liability only arises when there is a close connection between the duties of the employees, the offence or wrongful action, and the authority granted by the employer. For instance, if a bouncer at a night club punches a customer for no reason, there is a clear link between the employee’s duties (ensuring security and order on the premises) and the breach (punching ok, but not when unprovoked and unnecessary).

On the other hand, an employer is not liable for an employee who is merely a shop assistant and simply ‘loses it’ and assaults an innocent customer, as in this example:

http://www.bonddickinson.com/insight/publications/supermarket-not-vicariously-liable-assault-customer-employee#page=1