Commentary

C. Vicarious liability and the liability of fellow workers/agents

Division CIII Whistleblowing
| Commentary

C. Vicarious liability and the liability of fellow workers/agents

| Commentary

C.     Vicarious liability and the liability of fellow workers/agents

Under the law as it stood before June 2013, the whistleblower provisions: (a) contained no specific vicarious liability rules (unlike discrimination law); and (b) created no liability on a fellow employee for subjecting a whistleblower to detriment. It was held that this meant that an employer could only be vicariously liable on ordinary principles and so if no 'offence' was committed by a fellow employee (acting independently) there could be no such liability on the employer: Fecitt v NHS Manchester [2011] EWCA Civ 1190, [2012] IRLR 64, [2012] ICR 372, disapproving Cumbria County Council v Carlisle-Morgan

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