The central question in this appeal related to the scope of vicarious liability. The CA had to decide whether an employer could be held vicariously liable for assaults perpetrated by a doctor who carried out medical examinations and assessments on behalf of the employer.
The decision is particularly important considering a recent number of decisions on the issue. The employer in this case argued that ‘one clear test’ remains determinative of vicarious liability: that ‘the employer is not vicariously liable for the torts of his independent contractor.’
The CA rejected this narrow approach and found that the medical examination process was to be considered part of the bank's business activity.
In coming to this decision, the CA accepted that
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DisclaimerThe 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.This article is correct at 26/07/2018
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