In the case of JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust, the Court of Appeal held that an organisation can be vicariously liable for the acts of an individual who is not an employee if the relationship is like one of employment.
What does this mean?
Where a relationship is one akin to employment the ‘employer’ may be liable for any wrongdoings of the ‘employee’.
What should employers do?
Employers who are in doubt whether their relationship with someone who works for them could make them vicariously liable should take legal advice in this fast moving area and consider taking out, or reviewing existing, public liability insurance.