Expert Witness: Whose fault is it anyway?

Vicarious liability and occupational health

Summary:

Diana Kloss examines recent case law that suggests the courts are widening the criteria by which an employer can be vicariously liable for the negligent actions of its employees or other individuals providing services on its behalf. She considers the implications for occupational health providers

Employers are legally liable for their own negligent actions. If, for example, a company employs a consultant to advise on occupational hygiene requirements in their factory but hires a ‘cowboy’ without checking his qualifications they will be liable if as a result of his defective advice their employees suffer damage to their health. This is primary liability: the company is responsible for its own negligence in engaging an incompetent person…

 

Diana Kloss is a barrister, former part-time employment judge, Acas arbitrator and author..

Author: Kloss D

Tags case law data protection fitness to practice law Liability

Occupational Health at Work December/January 2017/2018 (vol. 14/4) pp30-32

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