Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Vicarious liability definition

What does Vicarious liability mean? Vicarious liability describes when one party (usually an employer or organisation) is held legally responsible, without proof of personal fault, for a wrongful act or omission committed by another (typically an employee) in the course of their work. It is a common‑law doctrine developed in case law rather than defined exhaustively by statute, though some legislation imposes analogous liability in specific contexts. Across England and Wales, Scotland, Northern Ireland and Ireland the core tests are broadly consistent: (1) a relationship of employment or one “akin to employment”; and (2) a sufficient connection between the tort/delict and the wrongdoer’s assigned functions—the “course...

Vicarious Liability: Relationships Akin to Employment, the Close Connection Test, and Employer Liability for Negligence, Breach of Statutory Duty, Harassment and Assault

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

This Practice Note explains what Vicarious liability claims involve, with particular emphasis on the relationship between employer and tortfeasor in such matters. It examines the circumstances in which responsibility can flow from an employee’s wrongdoing, irrespective of any blame attaching to the employer at all. It also offers guidance on claims grounded in Negligence or breach of statutory duty, including those brought in practice under the Protection from Harassment Act 1997 (PHA 1997). In Personal injury litigation, a claimant will usually try to prove fault—negligence or breach of statutory duty—on the part of the named Defendant, for example the employer. However, an alternative path is frequently open: namely, holding the employer vicariously liable for the acts or omissions of its worker or agent.

Nature of vicarious liability

Broadly stated, under the doctrine of vicarious liability, an employer bears liability for an employee’s torts where they are carried out in the course or scope of that employee’s employment, or are sufficiently closely connected to tasks the employer has authorised the employee to perform...

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Andrew Wilson

Andrew has more than 25 years’ experience of working in the fields of personal injury and occupational disease litigation, acting for both claimants and defendants. He trained at L Bingham & Co, gaining early experience in a number of important high profile claims involving the MIB. During the 1990s Andrew worked at Hextalls and then Kennedys, predominantly for defendants across a range of motor, employers’ liability and public liability matters many of which involved serious injuries or death. More recently, he has dealt with cases for claimants who have suffered serious injuries or occupational disease. He was a partner in a large specialist practice. He has provided seminars to solicitors and other legal professionals both for an external conference company and in house on the workings of the Civil Procedure Rules in the context of personal injury claims, amongst other...

Web page updated on 27/05/2026

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