Am I liable for my staff misdemeanours?
Laura MarianiShare
ThePeopleAlchemist Edit: HR, Business and liabilities
Until now, it was possible to hold employers liable for the acts (or omissions) of their employees. If they happened during the course of their employment. Are you liable for staff misdemeanours?
Well, a recent ruling by the Supreme Court takes this to a different level, extending this liability now to criminal acts carried out by employees that have little or nothing to do with their actual job.
THE CASE
The case in questions was against Morrisons' supermarket chain. Specifically :- An employee working for the supermarket at one of its petrol stations attacked a customer and shouted racist language at him after the customer asked if he could print some images stored in a USB stick. After the customer went back to his car, he was punched and kicked repeatedly by the Morrison employee.
- The customer brought a claim against Morrisons on the basis of vicarious liability.
- County court dismissed the case in its first hearing.
- The Court of Appeal upheld this decision.
- The Supreme Court has now overturned the decision. The basis are that the employee did not 'metaphorically take off his uniform" when he chased the customer and attacked him. Specifically after ordering the customer to stay away from the premises, he was "acting on behalf of the employer".
This extends the law on vicarious liability. So now courts may be able to argue that employees' actions are connected to their employment. Even if the employer has not condoned them.
Moreover potentially customers could now sue an employer if a member of their staff commits an unlawful act that affects them.
So, the answer to ‘am I liable to my staff misdemeanours?’ , it is starting to look like a yes.
What can you do about it?
Ensure that your employees are trained about what is acceptable behaviour in the workplace. And what is absolutely NOT. Under any circumstances.
If I were you, I would make this a priority.
