When is an employer vicariously liable for the actions of its employees?

In two recent cases, the Supreme Court has considered the test for vicarious liability in employment and employment-like relationships to determine when an employer is liable for the acts of its employees.

In Mohamud v WM Morrison Supermarkets plc, a customer had been subjected to a serious assault and racial abuse by the employee in his working hours and on company premises. The customer brought a claim in the County Court against Morrison’s which they contested, arguing that their employee was not acting on their behalf when the customer was assaulted. However, the Supreme Court disagreed.