Lister v Hesley Hall Ltd

An employer is vicariously liable for an employee's wrongful act if it was so closely connected with the employment that it would be fair and just to hold the employer liable.

Citation
[2001] UKHL 22, [2002] 1 AC 215
Court
House of Lords
Year
2001
Subject
Tort Law
Topic
Employers' liability and vicarious liability

Facts

Mr Grain was employed as the warden of a boarding house for boys with emotional and behavioural difficulties, which was attached to a school owned by Hesley Hall. He sexually abused several of the boys in his care. The boys sued Hesley Hall, which argued that it was not vicariously liable, because sexual abuse could not be said to be an unauthorised way of doing what he was employed to do, under the traditional Salmond test.

Legal principle

The House of Lords held that Hesley Hall was vicariously liable. Lord Steyn said that the question is whether the warden's torts were so closely connected with his employment that it would be fair and just to hold the employers vicariously liable. The employers had undertaken to care for the boys through the services of the warden, and the abuse was committed in the time and on the premises of the employers while the warden was also busy caring for the children. There was a very close connection between his employment and his torts. The House overruled Trotman v North Yorkshire County Council.

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