Jurisdiction(s):
United Kingdom

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: UK case law chronology on close connection, akin to employment, independent contractors, assaults and sexual abuse

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

This tracker considers the case law on Vicarious liability.

These decisions show how the courts have treated this developing area. They are arranged chronologically to trace the doctrine’s growth.

When liability is in issue, a Claimant usually seeks to prove fault by a named defendant (in workplace matters, often the employer). Sometimes an alternative route exists—the employer’s vicarious liability for the acts or omissions of its employee or agent. It is called vicarious because the breach of duty is the employee’s. The employer’s liability is often described as strict; it arises without proof of any breach by the employer.

As Gross LJ noted in Allen v Chief Constable of the Hampshire Constabulary, to succeed against a defendant on vicarious liability for an employee’s Negligence, the claimant must meet a two-stage test:

there must be a relationship between the employer and the tortfeasor sufficient to trigger the doctrine of...

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Web page updated on 21/05/2026

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