Whether an employer is vicariously liable for a criminal assault by one of his employees on another will depend on whether there is a sufficiently close connection between the assault and the employment (such as the spontaneous violent reaction to a lawful instruction given in the workplace). The principle of vicarious liability is limited as a matter of policy, and each case will turn on its own facts.
Weddall v Barchester Healthcare Ltd, Wallbank v Wallbank Fox Designs Ltd - vicarious liability for violent employees
Court of Appeal - 24/01/12
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Weddall v Barchester Healthcare Ltd, Wallbank v Wallbank Fox Designs Ltd - vicarious liability for violent employees
Whether an employer is vicariously liable for a criminal assault by one of his employees on another will depend on whether there is a sufficiently close connection between the assault and the employment (such as the spontaneous violent reaction to a lawful instruction given in the workplace). The principle of vicarious liability is limited as a matter of policy, and each case will turn on its own facts.
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