• Two cases have been decided which potentially put employers at risk of more claims as a result of not only employees actions but those considered to be in a similar position.

    Mohamud v WM Morrison Supermarkets plc looked at the case of an employee who attacked a customer during his shift at a Morrison’s petrol station. The claimant brought a personal injury claim against the employer. At first instance, it was found that the employee’s actions were beyond the scope of the employment and the Court of Appeal agreed. The Supreme Court, on the other hand, disagreed stating that the nature of the job entrusted to the employee should be considered broadly. It was the employee’s job to attend on customers and respond to inquiries and although this employee’s reaction to the enquiry was inexcusable, it was part of the ‘field of activities’ assigned to his job role. There were a series of events which started with the inquiry.

    Cox v Ministry of Justice looked at the case of a catering manager in the prison service who suffered an injury as a result of a prisoner dropping a 25kg sack of rice on her back. At first instance, the court stated that the Ministry of Justice were not vicariously liable. The Court of Appeal and Supreme Court, however, disagreed and found that the relationship of the Prisoner and the Ministry of Justice was akin to employment. It is not necessary for the defendant to be one of a commercial nature and it is sufficient that the prisoner was carrying out activities assigned by the defendant as an integral part of the defendant’s operation and for its benefit. This benefit need not be profitable.

     

    Can we help?

    Take a look at our Employment & HR page for useful information, resources, guidance, details of our team and how we may be able to help you

  • Get in touch

    Please fill out the below form or alternatively you can call us on 01622 690691

    • By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. Please view our website and cookie policy for more information