Case report round-up: Employer vicariously liable for employee's violent assault in response to instruction
XpertHR's latest case reports cover:
- Employer's liability: Employer vicariously liable for employee's violent assault in response to instruction In Weddall v Barchester Healthcare Ltd; Wallbank v Wallbank Fox Designs Ltd [2012] IRLR 307 CA, the Court of Appeal affirmed that an employer's vicarious liability for a violent assault on another employee or third party will depend on whether or not the unlawful act was sufficiently closely connected with the employment. (Employment Review)
- Redundancy: Failure to include employees doing similar work in selection pool rendered dismissal unfair In Capita Hartshead Ltd v Byard EAT/0445/11, the EAT held that the employer's failure to include in a redundancy selection pool employees doing similar work to the dismissed employee rendered her dismissal for redundancy unfair. (Employment Review)
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