Employers Liability

Question 1

What is employers’ primary liability?

Answer 1

It is the law of negligence applied to the employer/employee relationship, where employers have a duty of care to ensure the safety of their employees.

Question 2

What is vicarious liability?

Answer 2

It is when one party is held liable for the torts of another, commonly in employer/employee relationships.

Question 3

What are the three parties involved in vicarious liability?

Answer 3

The victim who suffered harm, the employee who caused the harm, and the employer who may be vicariously liable.

Question 4

Why is it important to identify an employment relationship?

Answer 4

It is essential for understanding employers’ primary liability and the concept of ‘relationships akin to employment’ in vicarious liability.

Question 5

What is the significance of employers’ primary liability?

Answer 5

It has unique tortious principles and significant economic and human impacts, representing a major field of litigation.

Question 6

What does the Employers’ Liability (Compulsory Insurance) Act 1969 require?

Answer 6

It mandates that employers have insurance to cover claims related to employees’ safety.

Question 7

What is the nature of the employer’s duty of care?

Answer 7

It is personal and non-delegable, meaning the employer cannot delegate liability for breaches of duty.

Question 8

What are the obligations of an employer to ensure employee safety?

Answer 8

Employers must provide safe and competent employees, safe and proper plant and equipment, a safe place of work, and a safe system of work.

Question 9

What case established the employer’s duty to provide safe and competent employees?

Answer 9

Hudson v Ridge Manufacturing Company Ltd [1957] 2 QB 348.

Question 10

What is the employer’s duty regarding safe plant and equipment?

Answer 10

Employers must provide and maintain safe machinery, plant, and equipment, including necessary safety features.

Question 11

What case illustrates the duty to provide safe equipment?

Answer 11

Qualcast v Haynes [1959] AC 743.

Question 12

What is the employer’s duty regarding the place of work?

Answer 12

Employers must ensure that the premises where employees work are safe, including third-party premises.

Question 13

What case exemplifies the employer’s duty regarding third-party premises?

Answer 13

Wilson v Tyneside Cleaning Co [1958] 2 QB 110.

Question 14

What does the safe system of work entail?

Answer 14

It includes the physical layout of the job, training, supervision, and ensuring compliance with safety measures.

Question 15

What case highlights the importance of a safe system of work?

Answer 15

General Cleaning Contractors Ltd v Christmas [1953] AC 180.

Question 16

What must employers do to ensure compliance with a safe system of work?

Answer 16

They must take reasonable steps to ensure the system is followed.

Question 17

What are the usual rules that apply to employers’ primary liability?

Answer 17

The rules of breach, causation, remoteness, and defences apply.

Question 18

What is the standard of care expected from employers?

Answer 18

Employers must take reasonable care, which is an objective test based on a reasonable employer.

Question 19

What is the significance of the case Paris v Stepney Borough Council [1951] AC 367?

Answer 19

It established that employers must take extra precautions based on an employee’s personal characteristics.

Question 20

What is required to establish causation in employers’ primary liability?

Answer 20

Both factual and legal causation must be established.

Question 21

What does remoteness refer to in negligence cases?

Answer 21

It refers to the need to consider the foreseeability of harm resulting from the breach.

Question 22

What is a common defence for employers in negligence claims?

Answer 22

Contributory negligence, where the employee’s own lack of care contributes to their injury.

Question 23

What is vicarious liability?

Answer 23

It is the liability of one party for a tort committed by another party, arising from a specific relationship.

Question 24

What is strict liability in the context of vicarious liability?

Answer 24

It is where a party is liable without any fault on their part.

Question 25

What is vicarious liability?

Answer 25

‘Vicarious liability’ is the liability of one party for a tort committed by another party.

Question 26

What is strict liability?

Answer 26

‘Strict liability’ is where a party is liable despite the absence of any fault.

Question 27

What are the elements required to establish vicarious liability?

Answer 27

To establish that Party B should be vicariously liable for a tort committed by Party A, it must be shown that:

a) A tort has been committed by Party A;

b) Party A is an employee of Party B, or in a relationship akin to employment;

c) The tort was committed in the course of Party A’s employment / quasi-employment.

Question 28

What must be established before vicarious liability can be applied?

Answer 28

It is essential to establish that a tort has been committed by another person (Party A) before the defendant can be made vicariously liable.

Question 29

What types of torts can lead to vicarious liability?

Answer 29

In the vast majority of cases, the tort is negligence, but an employer may also be held liable for other torts such as assault, battery, false imprisonment, or defamation by an employee.

Question 30

What is required regarding the relationship between Party A and Party B for vicarious liability?

Answer 30

Party B will not be vicariously liable unless the relationship is one of employment or of the same nature as an employment relationship (‘akin’ to an employment relationship).

Question 31

What does it mean for a tort to be committed in the course of employment?

Answer 31

An employer is not responsible for the wrongful acts of the employee unless such acts are done in the course of employment.

Question 32

What is the ‘close connection’ test?

Answer 32

The ‘close connection’ test determines if there is a sufficient connection between the employee’s wrongful act and their employment.

Question 33

What did the case Lister v Hesley Hall Ltd establish?

Answer 33

In Lister v Hesley Hall Ltd, the court held that the employer was vicariously liable for sexual abuse committed by an employee due to the close connection between the employee’s role and the tort.

Question 34

What are the two aspects of the close connection test as established in Mohamud v WM Morrison Supermarkets plc?

Answer 34

The close connection test is two-fold:

a) What functions or ‘fields of activities’ have been entrusted by the employer to the employee?

b) Was there sufficient connection between the position in which they were employed and their wrongful conduct to make it fair and just for the employer to be held liable?

Question 35

What was the outcome of Fletcher v Chancery Lane Supplies?

Answer 35

In Fletcher v Chancery Lane Supplies, the court found no close connection between the employee’s actions and his work, thus the employer was not held vicariously liable.

Question 36

What was the traditional test for a tort being in the course of employment before 2002?

Answer 36

Before 2002, a tort was in the course of employment if the wrongful act was:

a) Expressly or impliedly authorised by the employer;

b) Incidental to the carrying out of the employee’s proper duties;

c) An unauthorised way of doing something authorised by the employer.

Question 37

What is the employer’s indemnity in vicarious liability situations?

Answer 37

Under s 1(1) Civil Liability (Contribution) Act 1978, an employer may seek an indemnity from their employee if they are forced to pay damages in respect of the employee’s tort.

Question 38

What is the summary of vicarious liability?

Answer 38

Vicarious liability is the liability of one party for a tort committed by another party, established when:

a) A tort has been committed by Party A;

b) Party A is an employee of Party B, or in a relationship akin to employment;

c) The tort was committed in the course of that employment / quasi-employment.

Question 39

What is an employment relationship?

Answer 39

An employment relationship is characterized by a ‘contract of service’ between an employer and an employee.

Question 40

What is the difference between ‘contract of service’ and ‘contract for services’?

Answer 40

‘Contract of service’ refers to an employer/employee relationship, while ‘contract for services’ refers to an independent contractor relationship.

Question 41

Why does it matter whether someone is an employee for tort law?

Answer 41

It matters because employers have a higher duty of care towards employees and can be vicariously liable for torts committed by employees.

Question 42

What is the multiple factors test?

Answer 42

The multiple factors test is a three-part approach to determine if an employment relationship exists, focusing on remuneration, control, and other contractual factors.

Question 43

What does ‘remuneration in exchange for personal service’ mean?

Answer 43

It means the employee is paid to fulfill their duties personally, without the right to send a substitute to do the work.

Question 44

What is meant by ‘control’ in identifying an employment relationship?

Answer 44

Control refers to the extent to which the employer directs how, when, and where the work is performed.

Question 45

What are other contractual factors consistent with an employment relationship?

Answer 45

Factors include employer-provided tools, tax treatment as an employee, integration into the organization, and receiving benefits like holiday pay.

Question 46

What is a relationship akin to employment?

Answer 46

It refers to circumstances where an employer may be vicariously liable for torts committed by someone who is not an employee but has a similar relationship.

Question 47

What is the test for a relationship akin to employment?

Answer 47

The test considers whether the relationship is sufficiently analogous to employment to justify imposing vicarious liability.

Question 48

What happens when an employer lends an employee to another employer?

Answer 48

The original employer remains vicariously liable for the employee’s actions, but dual liability is possible if both employers have control.

Question 49

What is the summary of identifying an employment relationship?

Answer 49

Identifying an employment relationship is crucial for tort law, as it affects negligence and vicarious liability considerations.