In the case of Burger v JD Wetherspoon plc, a customer suffered serious injuries after being assaulted by two door supervisors outside a pub. The door supervisors were employed by an independent security company that had been engaged by JD Wetherspoon to provide security services.
The security company had since entered liquidation, leaving the claimant seeking compensation from Wetherspoon on the basis that it was vicariously liable for the actions of the door supervisors.
The Court of Appeal held that Wetherspoon was not vicariously liable.
The court emphasised that the starting point is to determine whether the workers were employed by a genuine independent contractor carrying on its own business. If they were, the business engaging that contractor will not normally be liable for their actions.
The security company in this case remained responsible for recruiting, managing and directing its employees. It determined staffing levels, supplied the uniforms, retained day-to-day control over the door supervisors and was contractually responsible for their actions. Although the security services benefited Wetherspoon and were integral to the...
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