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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48210
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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ben, can an employer be held vicariously liable theft

Resolved Question:

ben, can an employer be held vicariously liable theft if it was never proven that the employee was the thief?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today. It would be rather difficult to claim vicarious liability in these circumstances. to happen there must be a wrongdoing in the first place, which links to the employer. If it was not proven hat the employee in question was the culprit then the theft cannot be linked to the employer to be vicariously liable. Therefore, the theft must be proven first before claims liability can be take forward

Customer:

Great, final question: If the employee stole from a room he was never allowed in would there still be a case of vicarious liability?

Ben Jones :

such liability would only arise if there was a close enough link between their job and the offence that was committed, in other words the employee must have been undertaking their duties when the offence happened. If they were not and did something on their own accord which is not part of their job description or duties at work, then the link can be broken. So if the employee was specifically forbidden from entering that room but did so anyway then it could be argued that the link between their normal job and the offence has been broken, reducing the chances of the employer being liable

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