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Vicarious Liability: Assault at Christmas Party
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Thanks to Neil Addison of New Bailey Chambers for preparing this case summary |
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Is a company vicariously liable for injuries caused by an employee after a work Christmas party has ended?
No, held the High Court in Bellman v Northampton Recruitment.
The case involved an assault of a manager by a director after a Christmas party. Following a work Christmas party the two, along with other colleagues, went on to a hotel and continued drinking until the assault occurred at 3.00 am. The assault caused serious brain injury to the manager and the decision was taken to sue the company, and in effect its insurers, rather than the director personally.
The question arose whether at the time the director struck the blow, was he 'acting in the course or scope of his employment" so as to make the company vicariously liable? The Judge held that the company could have been liable if the blow had been struck during the Christmas party itself, but the assault in the hotel occurred after the party during a private drinking session and so the company was not vicariously liable.
The judgment provides useful analysis of the authorities on various liability, and a timely reminder to companies that they could be held responsible for improper behaviour at works events, especially where alcohol is flowing freely. |
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 asb law is seeking to recruit an employment solicitor with 1-4 years' PQE (or experienced Legal executive) based in our Crawley office. Our purpose, as a leading and innovative law and consultancy firm, is to break the mould. We seek to challenge the conventional thinking that has taken hold around the delivery of legal services in search of better ways of servicing the needs of our target clients.
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 Due to the expansion of our Peace of Mind offering, we are looking to recruit an Employment Lawyer to join the Peace of Mind team.
Membership has grown significantly in recent years and continues to do so. The package offers employers access to a designated advisor, a document review, and access to training and seminars. Members are also regularly updated by email, newsletters and social media, particularly the use of a Linkedin group.
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Please visit our website to view the full job description. To apply, please email your application along with your CV by the 8th December. |
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