Q&As

Is there any case law relating to an employer's liability for failure to carry out a DBS check where a customer (or member of the public) has subsequently been injured by an employee who had a previous conviction for a similar offence?

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Published on LexisPSL on 22/03/2018

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Is there any case law relating to an employer's liability for failure to carry out a DBS check where a customer (or member of the public) has subsequently been injured by an employee who had a previous conviction for a similar offence?
  • Case law involving an employee physically assaulting a customer or member of the public
  • Criminal conviction
  • DBS checks

We assume that the person injured by the employee is bringing a personal injury claim.

We have been unable to find any case law on the specific point raised in this Q&A, however, you may find the following information useful.

For guidance on an employer’s vicarious liability for deliberate acts by an employee, see Practice Note: Vicarious liability for deliberate acts.

Case law involving an employee physically assaulting a customer or member of the public

In the case of Fennelly v Connex, a ticket inspector assaulted a customer following an argument relating to the customer’s refusal to show his ticket. Although the High Court ascertained that by assaulting the customer, the ticket inspector was acting outside of the course of his employment, the Court of Appeal held that this was incorrect. The Court of Appeal decided that the judge had erred in concluding that when the assault took place, the ticket inspector had concluded the task that the employers had authorised him to do, albeit only just, and

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