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The Sarah Buxton blog


What is vicarious liability?

What is vicarious liability? Vicarious liability is a legalistic term with a relatively simple meaning. It is generally known as the liability imposed on employers for the wrongdoings of their employees.

Can I be held vicariously liable for the actions of my self-employed staff? The law in this area is rather grey. However, the courts have recently ruled that under a “one size fits all” agreement, the practice owner can be held liable for their self-employed staff’s wrong doings.

How can I protect myself from being held liable for the acts of my self-employed staff? You can protect yourself by having a bespoke self-employed agreement in place. It is important to note that cases where the practice owner has been held liable, there was a simple associate agreement in place. You must incorporate clauses attributing to the staff members self-employed status and explicitly excluding the practice owner’s liability.

Should I indemnify myself against vicarious liability? It is imperative that you seek independent advice in respect of indemnity insurance, in the event you are subject to a claim for vicarious liability.

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