Vicarious Liability
Vicarious Liability Employment
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Under s.109 of The Equality Act 2010, the employer is “vicariously liable” for his employees’ torts in the course of their employment. Also see fiduciary obligations.
Waters (A.P.) v. Commissioner of Police For The Metropolis [2000] 1 WLR 1607; [2000] UKHL 50; [2000] IRLR 720:
“If an employer knows that acts being done by employees during their employment may cause physical or mental harm to a particular fellow employee and he does nothing to supervise or prevent such acts, when it is in his power to do so, it is clearly arguable that he may be in breach of his duty to that employee. It seems to me that he may also be in breach of that duty if he can foresee that such acts may happen and, if they do, that physical or mental harm may be caused to an individual.”
Hilton International Hotels (UK) v Protopapa [1990] IRLR 316:
“If the supervisory employee is doing what he or she is employed by the employer to do and in the course of doing it he or she behaves in a way which, if done by the employer, would constitute a fundamental breach of contract between the employer and the applicant, then in our judgement, the employer is bound by the supervisory employee’s misdeed.
Please take the time to read through the pages of this website.
Sam Stone and his wife Amy are employment consultants with 26 years combined experience. Over the last decade Sam and Amy have helped thousands of clients with employment disputes. Sam and Amy can assist you in obviating the common mistakes, which they often see employees make when writing a letter of grievance. You only get one chance to get your letter of grievance right, so make sure you do just that!
Sam & Amy have created some new webpages for 2026 for you to look at:
- 20 Hot Tips on how to write a grievance letter.
- Free grievance letter example for ‘work-related stress, bullying, harassment and discrimination’.
- What not to say in a grievance meeting.
- How to win a grievance appeal.
- How to fight and beat a Performance Improvement Plan.
- Covert recordings.
- Pregnancy & Maternity Discrimination.
- Whistleblowing
Sam and Amy can have a telephone consultation with you or write you a custom letter of grievance if:
- You need to raise a grievance letter for bullying and harassment at work.
- You need to raise a grievance letter due to a toxic working environment.
- You need to raise a grievance letter against a coworker.
- You need a constructive unfair dismissal grievance letter.
- You are suffering from work-related stress.
- You want to know stress at work employee rights UK.
- You want to raise a grievance for work-related stress.
- You are being subjected to an unfair sickness absence procedure.
- You need to know your rights about attending sickness absence meetings.
- You want to know your employee rights occupational health report.
- You want to know what not to say to occupational health UK.
- You need to know how to write a resignation letter to your workplace.
- You have been subjected to bullying and harassment at work and want to raise a grievance at work.
- You have been subjected to unfair treatment at work and want to submit a complaint letter.
- You have been subjected to discrimination at work and want to submit a complaint letter.
- You have been put on a capability or performance improvement plan and want to know how to beat it.
- You want to know how to beat a disciplinary hearing.
- You want to know how to beat an unfair disciplinary workplace investigation.
- You are being investigated at work and want to know your employment rights UK.
- You have been suspended from work and want to know your employment rights UK.
- You need to blow the whistle to your employer UK.
- You have been put on an unfair disciplinary.
- You have been unfairly dismissed and want to know your employment rights UK.
- You are being subjected to victimisation at work UK.
- You need to appeal a grievance outcome.
- You need to appeal a disciplinary outcome.
- You need to appeal a capability outcome.
- You need to appeal a performance improvement plan outcome.
- You want to know your employee rights UK for a performance improvement plan (PIP).
- You need help with a pay related matter.
- You are being performance managed / micromanaged and need to know how to get out of it.
- You are being subjected to workplace mobbing and want to raise a grievance at work.
- You have been asked to attend a workplace investigation and want to know your employee rights UK.
- You need to know your employee rights reasonable adjustments equality act 2010.
- You need a grievance letter example template for pregnancy and maternity discrimination
- You need a letter of grievance for sexual harassment in the workplace.
- You are being subjected to discrimination because of pregnancy or maternity.
- You need help identifying reasonable adjustments for disability discrimination.
Visit our testimonials page.
Reach out to Sam & Amy at: myrightsuk@protonmail.com or call during working hours 9-5 on 07775943414.
Sam and Amy charge £35 for an initial telephone consultation up to one hour, and £50 an hour thereafter.