Landmark ruling could see businesses prosecuted

Businesses could be found vicariously liable if an employee commits a negligent act while at work, after a landmark judgement in the Supreme Court.

The Court found that supermarket chain Morrisons was found vicariously liable for the actions of an employee who seriously assaulted a customer. The employee Amjid Khan kicked and punched a customer on a petrol forecourt after the customer asked if he could print some documents from a USB stick.

Although he was not acting under instructions from his employer, Khan was on the supermarket’s premises and his actions were deemed to be ‘in the course of his employment’, so the court concluded that Morrisons was liable for its employee’s actions.

North-west law firm Kirwans have called the judgement “extremely significant” and one that could have far-reaching implications. Personal injury solicitor James Barker said: “The Supreme Court’s judgement is extremely significant and could open the floodgates for similar cases where an employee commits a negligent act, in a place of work, during working hours. Under this new ruling, liability is no longer a matter for the individual alone; the employer will now also be accountable.”

“It is going to be very difficult for an employer to absolve themselves of liability on the basis of this judgement. If a claimant can show the defendant’s act was committed by them while working then a case could rule in favour of the claimant.

He also points to a shift in recent rulings like this one in favour of the claimant. “The Supreme Courts’ decision could now set a precedent for cases of this nature,” he said.

Marco Rinaldi of Clyde & Co commented: “The approach taken here was to consider what was just in the circumstances, and the Supreme Court was at pains to point out that each court will need to make an evaluative judgement in each case. 

“Nonetheless, the danger from an employer’s point of view is that any link to an employee carrying out his “field of activities” will be sufficient to establish that the employer should be held liable.”