Weddall v Barchester Healthcare Ltd [2012] EWCA Civ 25

Facts

  • Mr. Weddall was employed as a care assistant by Barchester Healthcare Limited.
  • His manager, Mr. Heath, telephoned him to request that he cover a shift at short notice.
  • Mr. Weddall declined the request, which led to a heated exchange during the call.
  • Later that evening, Mr. Heath went to Mr. Weddall’s home and assaulted him.
  • Mr. Weddall brought a claim against Barchester Healthcare, alleging that the employer was vicariously liable for the assault by Mr. Heath.

Issues

  1. Whether the employer could be held vicariously liable for an assault committed by an employee following a work-related telephone call.
  2. Whether the assault was sufficiently connected to the employee’s duties to fall within the scope of employment and satisfy the "close connection" test.

Decision

  • The Court of Appeal held that Barchester Healthcare Limited was not vicariously liable for the assault.
  • The court found the assault to be a personal act of vengeance, not undertaken in furtherance of the employer’s business.
  • The initial telephone call was work-related, but the subsequent assault at Mr. Weddall’s home was not closely connected to Mr. Heath’s managerial duties.
  • The assault did not meet the "close connection" test established in relevant case law for imposing vicarious liability.

Legal Principles

  • Vicarious liability holds employers responsible for employees’ wrongful acts only if those acts occur within the scope of employment.
  • The "close connection" test (from Lister v Hesley Hall Ltd [2001] UKHL 22) requires a strong link between the employee’s duties and the wrongful act.
  • Employers are not liable for purely personal acts of employees, even if there is a minimal factual connection to employment.
  • The assessment distinguishes acts furthering the employer’s business from those triggered by personal motives.

Conclusion

The Court of Appeal clarified that an employer is not vicariously liable for assaults committed by employees when the acts are personal in nature and lack a sufficient connection to the employment. The judgment reinforces the boundaries of employer liability for workplace-related incidents.

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