Search

How can we help?

Icon

Should employers really be held to account in cases of vicarious liability?

Employment lawyers and business alike are awaiting a Supreme Court ruling, which is expected in February, regarding whether or not one of the largest UK banks should be liable for the acts of a doctor hired to carry out pre-employment medical checks. 126 individuals claimed that the doctor had sexually assaulted them and that the bank should be held vicariously liable for his actions. To date, the courts have held the bank liable for the doctor’s actions and the final decision now rests with the Supreme Court.

In the employment context, vicarious liability refers to a situation in which an employer is held responsible for the acts (or omissions) of its workers. If the Supreme Court agrees with previous rulings in the above case, it will be more important than ever before for employers to take positive steps to reduce the risk of being liable for the actions of its workers.

Employer is held responsible for the acts (or omissions) of its workers.

Employers could seek to avoid liability if they can establish that all reasonable steps to prevent the alleged act or omission have been taken – but what does this mean in practical terms? Avoiding liability is not a straightforward exercise, however, at the very least employers should ensure they implement robust policies governing the conduct of their workers, enforce clear workplace standards and provide regular training to ensure that workers are aware of what is, and is not, acceptable conduct.

If you have any concerns or would like a review of your current policies or training programmes, please do not hesitate to contact us.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 24 October 2025
  • Commercial Real Estate

Navigating the building regulations regime in commercial property transactions

Building control is said to be one of the earliest forms of local government in England, with the modern building regulations progressing in the aftermath of the Great Fire of London.

art
  • 23 October 2025
  • Employment Rights Bill

Government launches Employment Rights Bill consultations – key changes employers need to know

The Employment Rights Bill is a draft law set to significantly expand workers’ rights. The Government has now launched the first round of consultations.

art
  • 23 October 2025
  • Privacy and Data Protection

AI and Data Protection – Is Fair and Transparent Privacy Possible?

We live in a digital world. Every facet of daily life is governed to some degree by phone, web or some form of connected technology.

art
  • 16 October 2025

Chambers and Partners 2026: Clarkslegal’s continued commitment to excellence

Clarkslegal is delighted to announce that we have once again been recognised by Chambers and Partners as a leading firm in their 2026 guide.

art
  • 15 October 2025
  • Immigration

Registering a child as a British Citizen: A guide to section 3(1) applications

This article explains the process of registering a child as a British citizen under section 3(1), including the eligibility criteria, the Home Office approach, and key factors that influence whether an application is approved.

art
  • 15 October 2025
  • Commercial Real Estate

A commercial lease in England: a few essential points to consider

Thinking about a commercial lease in England? Whether your lease is short or long, here are five essential clauses to keep in mind during negotiations.