MXX v A Secondary School [2023]

Posted In: Case Law
  • Case Reference
    EWCA Civ 996
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Contracts of Employment
Issues covered: Vicarious Liability; Work Experience; Sexual Assault

Background:

The claimant was a 13-year-old schoolgirl who had been sexually assaulted by a former pupil who had undertaken work experience for one week at the school. The school gave guidance for safe working practices which outlined that there was a prohibition on the exchange of social media messages. After the work experience ended, the work experience student and the claimant communicated on social media.  It was some months later the work experience student committed the acts of assault and battery against the claimant. He was charged and pleaded guilty to the counts of sexual activity with a child. The claimant argued the school was vicariously liable for the assaults and

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This article is correct at 30/08/2023
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL
Barrister

The main content of this article was provided by Jason Elliott BL. Email jasondelliott@outlook.com

View all articles by Jason Elliott BL