The actions of a company’s employees can have ramifications for the employer in cases of negligence, even if the employee has been subcontracted to a third party, while a recent ruling deemed that multiple employers can be held liable
Employers have come to accept that they will be vicariously liable for a tort committed by their employee, where that tort is committed in the course of the employment. However, questions often arise about whether the action was ‘in the course of employment’ and about who ‘employed the individual’ and therefore who was liable for the actions. The case of Viasystems (Tyneside Limited) v (1) Thermal Transfer (Northern) Limited; (2) S&P Darwell Limited; (3) T Hall and D Day t/a CAT Metalwork Services [2005] looked at this second area of debate and held that two employers may be vicariously liable for a tortious act of an employee, changing the landscape of liability for employers.
