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...

Employers’ vicarious liability for intentional and criminal misconduct: close connection and relationship-akin-to-employment tests across sexual abuse, assaults, workplace friction, horseplay and pranks

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

This Practice Note explores an employer’s vicarious responsibility for deliberate or criminal wrongdoing by an employee. It reviews commonly encountered scenarios involving sexual abuse, physical attacks, incidents arising from workplace tensions, and high jinks or pranks that misfire, as well as incidents that stem from interpersonal friction at work and conflict. Following the House of Lords’ ruling in Lister v Hesley Hall in 2001, it is established that, provided the relevant test is satisfied, an employer can be vicariously answerable for intentional harm committed by an employee (or, in some circumstances, by others occupying a similar or analogous position). See also Practice Notes:

Nature and operation of vicarious liability
Scope and impact of vicarious liability
Vicarious liability in the course of employment—the close connection test

The aim of this Practice Note is to provide a summary of the position in relation to different categories of intentional wrongdoing.

Sexual abuse

Since Lister, there has been a succession of cases addressing the issue of vicarious liability in relation to the sexual abuse of children in the care of local authorities, educational establishments and church organisations.

Relationship akin to employment

In DJ v Barnsley Metropolitan Borough Council, the claimant had been placed in...

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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 21/05/2026

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