Am I vicariously liable?
This subject has dominated everyone within Quell this month, and I have no doubt it will for the foreseeable future because of the latest news headlines about Morrisons losing its case at the Supreme Court. Many of our existing clients and now some of or new clients have commented on this and how best to ensure that they are not affected and stay within the law. It therefore should be noted that this is a serious subject and something that in my opinion cannot be explained in a short email, blog or handout as the different levels of risks are varied and diverse.
I have seen many people within the world of workplace violence release blogs and videos, and many are very good and do sell the importance of ensuring policies and training are implemented, however the root cause goes even deeper when you look at it, because it starts at the recruitment process and then progresses through into good procedures and its various moving parts, then through training and the different levels required within large organisations, past the reviews periods and then straight into support mechanisms, and don’t forget you have to have a plan to review and change if something happens.
Over the past few years we have been actively working with what I would class as the best legal teams and health and safety experts in the world of workplace violence, which has a large part to play in the subject of vicarious liability and it goes back to a saying that I heard once “If you know you are doing wrong, then you must be guilty” and “If you don’t know you’re doing wrong, your innocent until proven guilty”.
It does not matter if you are working in a large international airport or a small retail store, the subject of vicarious liability has now got the attention of a lot of people, and therefore if you are responsible for staff and are unsure if you have done enough or just would like to review your current policies, procedures or training then contact us to see if we can help.