Firms 'vicariously liable' for worker-on-worker assault

• Firms 'vicariously liable' for worker-on-worker assault

Public sector union UNISON is calling on its safety reps to take 'active steps' to tackle violence at work after a court said employers can be held liable for worker-on-worker violence. The Court of Appeal ruled that, where an employee inflicts violence on another employee or third party, there can be vicarious liability of the employer for the employee's violent act where the incident is linked somehow to the employee's job. The January 2012 judgment notes 'that, since employees must receive instructions and respond to them, an improper form of response, even a violent one, is an act within the course of employment.' According to UNISON: 'The Court of Appeal concluded that a broad view must be taken of the nature of an employee's employment and what was reasonably incidental to the employee's duties when considering his or her violent act.' UNISON added that the ruling 'acknowledged that the possibility of friction is inherent in any employment relationship. The danger of a violent reaction to a lawful instruction is therefore a risk created by the employment. On this basis, a violent reaction may be connected to the employment rather than unrelated or independent of it.' The union said there are implications for employers. 'If an employee inflicts violence on a fellow employee or third party, where there is a sufficient connection between the violent act and the wrongdoer's employment, there is a real risk that the employer will be vicariously liable for the wrongdoer's violent act.' UNISON says its safety reps 'should negotiate to ensure that their employer takes active steps to reduce the risk of violence in the workplace by reviewing their policies on this issue, ensuring that these policies are brought to the attention of all staff and, where there is violence, taking action in line with the disciplinary policy.'

* UNISON news release.

* Court of Appeal case transcript. It's not part of the job, UNISON's health and safety guide on tackling violence at work [pdf].