If an incident occurs at an event attended by a number of staff but that event was in no way arranged by the company, is the employer liable for any incidents that may occur? For example, if one employee assaults another, should the employer investigate and carry out a disciplinary procedure?Posted in : First Tuesday Q&A NI on 7 February 2012
It is well established that an employer can be vicariously liable for certain actions of its employees where these occur “in the course of employment”, i.e. certain actions done by the employee can be treated as done by the employer as well as by the employee, whether or not it was done with the employer’s knowledge or approval. The question here is whether the employee's conduct is sufficiently closely connected with the employment that it would be fair and just to hold the employer liable.
I note from the question that the event was in ‘no way’ related to the employee’s employment with the company. On this basis we could conclude that the actions of an employee at this event were not in
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Back to Q&A's This article is correct at 02/09/2015
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