Weddall v Barchester Healthcare Ltd (Company No.02792285)

Weddall v Barchester Healthcare Ltd (Company No.02792285)

In Weddall, the assault was an independent, drunken act unconnected with employment, so the employer was not vicariously liable. In Wallbank, the assault was a spontaneous response to a lawful instruction given in the course of employment, sufficiently closely connected to the employment to impose vicarious liability on the employer.

Parties
First Appellant: Richard Weddall; First Respondent: Barchester Healthcare Limited; Second Appellant: Wallbank; Second Respondent: Wallbank Fox Designs Limited
Jurisdiction
England and Wales
Judgment Date
24 January 2012
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal in Weddall dismissed; appeal in Wallbank allowed.
Legal Topics
Vicarious Liability, Employer's Liability, Intentional Torts, Assault in Employment
Tort Law Employment Law Vicarious Liability Employer's Liability Intentional Torts Assault in Employment

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Parties

Richard Weddall

First Appellant

Barchester Healthcare Limited

First Respondent

Wallbank

Second Appellant

Wallbank Fox Designs Limited

Second Respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the employer is vicariously liable for intentional assaults committed by employees against fellow employees in the course of employment.

Ratio Decidendi

In Weddall, the assault was an independent, drunken act unconnected with employment, so the employer was not vicariously liable. In Wallbank, the assault was a spontaneous response to a lawful instruction given in the course of employment, sufficiently closely connected to the employment to impose vicarious liability on the employer.

Court Disposition

Appeal in Weddall dismissed; appeal in Wallbank allowed.

Orders

  • Damages in Wallbank to be assessed in the County Court.
  • No vicarious liability found in Weddall; vicarious liability found in Wallbank.