AQA A2 Law - Criminal and Tort

Provided a test to assess whether or not a person is an employee or an independent contractor.

The person was not an employee as he was able to delegate work to his own employees.

If an employer is not obliged to offer work, and a worker is not obliged to undertake any work offerered, then the worker is not an employee.

An employer is generally not liable for an unauthorised act on the part of the employee.

An employer is liable for acts that he implicitly authorised.

An employer is liable for authorised acts which are carried out carelessly or even incorrectly.

An employer is liable for authorised acts which are carried out in a strictly prohibited way.

An employer is vicariously liable for the criminal acts of an employee if those acts are so closely connected to what the employee was employed to do that it is fair and just to hold the employer responsible.

A modern vicarious liability case exploring the 'so closely connected' principle.

An employer is also liable for acts which occurred outside of the place of work if the sequence of events began at work and the employee had been encouraged to act in a particular way.

An employer is not liable if an employee gives someone a lift in circumstances where he is forbidden to do so.

An employer is liable for lifts if the employee was carrying out his duties aided by the passenger.

An employer is not liable for an employee driver who embarks on a ‘frolic of his own’; undertaking a journey that is separate from anything the employer has asked him to do.

If the employee took a detour from the specified route but this was connected to the employment, the employer is liable.