Employer not vicariously liable for murder

The case of Vaickuviene and others v J Sainsbury Plc has been reported in previous editions of the Update as it has made its way the lower Courts. The Court of Session (Inner House) has now given judgement in the latest instalment.

The case concerned a claim for harassment against an employer brought by the family of an employee who was verbally and physically abused, and ultimately killed, in the work place by one of his colleague. The Court of Session held that the harassment, including the murder, was not sufficiently closely connected with the employment of the employee that the employer could be found to vicariously liable. The Court stated that there is no rule which automatically finds employers vicariously liable purely because the acts complained of occur in the work place.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.