ABSTRACT
This chapter discusses employers’ non-delegable duty of care, breach of statutory duty and vicarious liability. It explains about when the employer has to pay compensation for the injury. The chapter considers an employer’s non-delegable duty of care. It also discusses breach of statutory duty, including breach of European duty. The chapter provides some defences potentially available to the employer. It addresses vicarious liability. The chapter distinguishes between an employer’s liability to its employees, and an employer’s liability for torts committed by its employees. It aims to understand how these two regimes can also overlap. The chapter considers what is meant by ‘non-delegable’, before exploring what the requirements are for a safe system of work, competent staff, adequate equipment and a safe place of work. An employer can also be vicariously liable for harassment. Thus, a victim could sue both the bully for harassment and the employer for vicarious liability.
