Incompetent Fellow Workers

If a fellow worker is responsible for causing you injury, then it is likely that you will have a very strong case against the employer (there is no need, and often no point, in making a claim against the fellow worker).

This is because:

  1. at common law an employer must provide you with competent fellow workers – i.e. properly trained, instructed, supervised and (if necessary) disciplined;
  2. an employer is “vicariously” liable (indirectly liable as a substitute) for the negligence of employees whilst they are in the course of their employment;
  3. even if the employee strays outside of the course of employment – e.g. playing practical jokes, or doing something illegal – the employer can still be held liable if the employee has a history of such conduct which the employer has failed to prevent;
  4. the courts have widened the net in recent times to make the employer liable even for prohibited or illegal conduct, provided it is closely connected with the employment (e.g. where a warden at a residential school uses their position to sexually assault children; or a bouncer at a nightclub abuses their position and assaults someone);
  5. under the Protection from Harassment Act 1997, an employer is vicariously liable for a course of conduct amounting to harassment carried out by his employees

No win no fee

We can offer you a no win no fee agreement backed with legal expenses insurance for such cases so you needn’t worry about ending up out of pocket.

Learn more about the representation we provide by contacting us online or ring 01157 270 140 to arrange your initial consultation.