Vicarious Liability Brief Summary

Definition: Employers are liable for their employees

2 broad questions to examine:

1. Must establish whether D was an employee

2. Did it occur during the course of employment?

EMPLOYEE TEST USED

1. Control test i.e. master-servant

2. Integration test - how integrated are you into the business?

3. Economic reality test - who pays your wages/tax/NI? Do you have uniform? Equipment?

COURSE OF EMPLOYMENT TEST

• If you're doing an authorised act in an unauthorised…