Cox (Respondent) v Ministry of Justice (Appellant) [2016] UKSC 10

Posted In: Case Law
  • Case Reference
    [2016] UKSC 10
  • Legal Body
    Uk Supreme Court (UKSC)
  • Type of Claim / Jurisdiction
    Discipline, Contracts of Employment, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Vicarious Liability; Industrial Injury; Prisoners

Readers may recall that in February 2014 the Ministry of Justice was held liable for an injury, caused by a prisoner, to a catering manager at a prison kitchen. The then complainant, Ms Cox, was in Crown service and therefore was not actually an employee. Neither was the negligent prisoner, although prisoners in the kitchen receive nominal wages. 

The Court of Appeal looked at previous case law in this area and concluded that the prison service was a quasi employer and that the prison/prisoner relationship might even be more controlled than that of employer/employee:

"Far from there being mutuality or consent in the relationships... there was there and is here an element of compulsion in

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This article is correct at 04/03/2016
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