Vicarious liability (England and Wales)

by Practical Law Employment and Practical Law Dispute Resolution, with some sections based on an original by Jeremy Lewis KC of Littleton Chambers

A note exploring the concept of vicarious liability within the common law framework in England and Wales. It examines the circumstances under which employers may be held liable for tortious acts committed by employees or individuals in relationships akin to employment. It also considers the policy factors influencing vicarious liability, as well as the implications of vicarious liability for employers. The note outlines the two-stage assessment for establishing vicarious liability, focusing on the relationship and close connection tests, as well as a final check considering the policy justification in appropriate cases. A discussion of key cases illustrates the application of these principles. The note also addresses vicarious liability in different employment-related contexts, such as those involving independent contractors, workers, agency staff and partnerships. Additionally, it highlights the impact of TUPE transfers on vicarious liability.