Vicarious liability

What establishes a relationship of employment?

A contract of service typically establishes an employment relationship, whereas a contract for service does not.

Control Test

A test used to determine employment status, examining factors like hiring power, control of work methods, and the right to suspend or dismiss.

Intergration Test

Assesses whether the employee's work is essential or ancillary to the business, though this test is often considered ineffective.

Economic Reality Test

Evaluates the degree of control over the employee and mutual obligations to determine if an employment relationship exists.

Actions in the course of employment

Refers to whether actions taken by an employee are closely connected to their authorized duties.

Authorized Acts

Tasks that employees are expressly or impliedly authorized to perform within their employment responsibilities.

Frolics of one’s own

Actions taken by an employee that are personal and not part of their employment, leading to non-liability for the employer.

Morrisons supermarkets V various claimants

A case demonstrating that intentional torts committed by an employee, which harm the employer and provide no benefit, are typically not closely connected to employment.

Rose V Plenty

A case illustrating that an employee can be liable for unauthorized acts done for the benefit of the employer while also violating safety instructions.

Lisster V Halsey Hall

Case establishing that closely connected unauthorized actions can still impose vicarious liability on the employer.