Sally Gwilliam explains how employers can best avoid liability for the negligence of self-employed contractors
In the past, businesses contracting with a self-employed worker would not be liable for the contractor’s actions or inactions. However, recent legal developments have created some uncertainty for employers. In some circumstances employers can be liable for the negligent actions of self-employed contractors. This concept is known as vicarious liability and it is the rule of law that imposes strict liability on employers for the actions of their employees.
D&F Estates Limited v Church Commissioners for England sets out the general principle that no liability arises for negligence committed by an independent contractor when carrying out work they were engaged for. This principle was followed in Barclays Bank Plc v Various Claimants where the Supreme Court decided that while a person can be held vicariously liable for actions of a non-employee, the self-employed doctor carrying out pre-employment medical examinations in this case was in business on his own account and the relationship was not sufficiently 'akin to employment' for it to be just and fair to impose liability. The bank was not vicariously liable for the alleged assaults committed by the doctor.
Both cases make it clear that if the relationship with your contractor is less like an employee relationship, it is unlikely that you will be...
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