In this episode of the Indicator HR & Employment Law Podcast, we examine the Court of Appeal's decision in Burger v Risk Solutions BG Limited and another, a significant case clarifying when businesses can be held vicariously liable for the actions of independent contractors.
The case involved a serious assault by door supervisors employed by an external security company, raising the question of whether the pub operator could be held legally responsible. The Court of Appeal confirmed that the extended principles of vicarious liability do not generally apply to genuine independent contractors carrying on their own business, unless the client has assumed a substantial degree of control and responsibility over the individuals involved.
Key topics include:
- The Court of Appeal's ruling on vicarious liability.
- The distinction between employees, workers and independent contractors.
- When relationships "akin to employment" may create liability.
- Why the pub operator was not held responsible for the contractor's employees.
- The importance of ensuring contractors hold adequate public liability insurance and including appropriate contractual protections.
Listen now to understand the legal implications of this important employment law decision and the practical steps employers can take to manage risk when engaging third-party contractors.
