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Legal Updates

Vicarious liability for Employee`s actions

19 March 2010 #Employment

When looking at whether an employer would be held vicariously liable for the actions of its employee, the Court of Appeal in the case of Maga v Trustees of Birmingham Archdiocese of the Roman Catholic Church considered the test set out in the previous case of Lister v Hesley Hall Ltd. 


In this case a Priest had allegedly sexually abused a child.  The Court stated that the correct test on employer`s vicarious liability is to look at whether the unlawful acts were so closely connected with the employment that it would be fair and just to hold the employer vicariously liable.  A broad approach should be adopted when establishing the scope of employment, and in this case a Priest was ‘never off duty`.
Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
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