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Vicariously liability for an assault out of work time and off work premises - Simon Anderson, Park Square Barristers

03/11/18.  Can an employer be held vicariously liable for an assault by a director that takes place on an employee out of work time and off the premises? Yes, according to the Court of Appeal in Bellman v Northampton Recruitment Limited [2018] EWCA Civ 2214.

The Facts

On 16 December 2011, Northampton Recruitment Limited (‘NR’) held a Christmas party for its office staff at the Collingtree Golf Club in Northampton. At around midnight the Managing Director, Mr Major, paid for taxis to take all those who wanted to go to the Hilton Hotel for further drinks. This was not a pre-planned extension and Mr Bellman went along entirely voluntarily. On arrival the group sat in the hotel lobby and most continued to drink alcohol and to discuss a variety of topics. The conversation eventually turned to work and Mr Major, who was by now significantly inebriated, became annoyed at being questioned about company business. He responded by attacking Mr Bellman and causing him a profoundly life altering brain injury...

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