Majrowski v Guys and St Thomas NHS Trust [2006] UKHL 34 – Law Journals

Vicarious liability: Taking the rap for rogue employees

Charles Wynn-Evans reports on several recent cases which demonstrate how employers can end up being liable for their employees‘ wrongdoing ‘The various recent cases summarised in this article demonstrate not only the variety of situations to which the issue of vicarious liability can be relevant but also the potential width of its application and the …

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Occupational Stress: Two of a kind

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Rushmi Sethi explores the inter-relationships between personal injury and employment law, when dealing with liability for psychological injury in occupational stress claims ‘The inter-relationships between tortious liability in personal injury practice and employment law practice with regard to occupational stress claims involve “some overlap”, because there are potentially two different fora available for redress with …

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Civil Claims: They think it’s all over – but often it’s not

Stuart Jones and David Miers investigate the trend for employees to relaunch employment claims in the civil courts ‘Subtle changes in the way that an employee pleads the claim or sets out the facts underpinning the claim may enable them to reprise an old grievance successfully.’ To the dismay and despair of many employers, it …

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Vicarious Liability: Lessons from three recent cases

Rachel Farr considers when an employer is liable for the actions of its employees ‘An act might appear unconnected with an employee’s work but, taking the context and circumstances in which it occurred into account, it may be seen as incidental to, and within the scope of, employment.’ An employer is liable for the torts …

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Civil Claims: Finding alternatives to the employment tribunal

With government reforms making it more difficult for employees to bring tribunal claims, Kevin McCavish and Antonia Blackwell ask whether the civil courts could provide the answer ‘Advisers should be mindful of the terms of their client’s contract of employment.’ Employment tribunals are the main forum for dealing with disputes between employees and their employer …

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Public Interest Disclosure: Reforms take effect but spotlight stays on whistleblowing

Following a string of high-profile scandals, interest in whistleblowing looks set to remain high, suggests Fudia Smartt ‘The common belief among workers that there are more risks than benefits in blowing the whistle has led to discussion about whether the UK needs to reward whistleblowers financially.’ On 2 July 1999, the Public Interest Disclosure Act …

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Detrimental Treatment: Court adopts new causal link test

Helena Davies examines the new ‘material influence’ formula applied by the Court of Appeal in a recent whistleblowing case ‘A detriment claim will succeed if the protected disclosure has influenced the employer’s treatment “more than trivially”, whereas a claim of automatic unfair dismissal will need to show that the disclosure was the reason, or principal …

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Protection From Harassment Act: An alternative route for claimants

Marc Jones and Mandeep Kalsi investigate the increasing use of the PHA in workplace bullying claims ‘To establish a harassment claim under the PHA, the claimant must show a “course of conduct”. However, under the Equality Act, an isolated incident will be deemed sufficient.’ The Equality Act 2010 provides a mechanism for employees to pursue …

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