Definition
The legal principle that holds an employer liable for the wrongful acts of its employees committed in the course of their employment. This means employers can be held responsible for discrimination, harassment, and negligence carried out by their staff.
UK Context
Vicarious liability under the Equality Act 2010 is set out in Section 109. The reasonable steps defence (Section 109(4)) is the employer's main protection. Common law vicarious liability for negligence follows the 'close connection' test established in Mohamud v Morrison (2016). Employers can be liable even for acts they did not know about or authorise.
Best Practices
- Implement comprehensive policies covering discrimination, harassment, bullying, and data protection
- Provide regular, documented training on equality, diversity, and acceptable workplace behaviour
- Investigate all complaints promptly and take appropriate disciplinary action against perpetrators
- Document all preventive steps taken — this is the evidence needed for the reasonable steps defence
Frequently Asked Questions
Can an employer avoid vicarious liability?
Under the Equality Act 2010, an employer can use the 'reasonable steps' defence by showing it took all reasonable steps to prevent the conduct. This requires proactive measures — policies, training, enforcement — not just a reactive response after the event. For other torts (such as negligence), there is generally no defence to vicarious liability.
Are employers liable for acts outside working hours?
Potentially. If the act is sufficiently closely connected to the employee's work, the employer can be vicariously liable even if it occurs outside normal working hours. Examples include work social events, business trips, and online communications between colleagues. The key test is the closeness of the connection to the employment.
Does vicarious liability apply to independent contractors?
Generally, vicarious liability applies to employees, not independent contractors. However, the courts have expanded the concept in some cases, and employers can be vicariously liable for the acts of workers who are sufficiently integrated into their organisation, even if not technically employed.