Man with his hand on woman's bare knee in a skirt in the workplace.

Vicarious Liability for Sexual Assault: Understanding Your Rights

When someone experiences sexual assault, the trauma can be overwhelming – not only emotionally and physically, but also in navigating the legal system. One important legal concept that may apply in these cases is vicarious liability. This principle can help survivors seek justice and compensation, even when the perpetrator is not the only party responsible.

What Is Vicarious Liability?

Vicarious liability is a legal doctrine where an organisation; such as an employer, school, or care provider, can be held legally responsible for the wrongful acts of its employees or agents, even if the organisation itself did not directly commit the act.

In the context of sexual assault, this means that if an assault was committed by someone in a position of authority or trust (such as a teacher, carer, or religious leader), the institution that placed them in that role may also be held accountable.

When Does Vicarious Liability Apply?

The courts consider several factors when deciding whether an organisation is vicariously liable for sexual abuse or assault:

  • The nature of the relationship: Was the perpetrator in a role that gave them power or control over the survivor?
  • The connection to the wrongful act: Did the abuse occur in the context of the perpetrator’s duties or position?
  • The opportunity created by the organisation: Did the institution enable or fail to prevent the abuse?

A landmark case in this area is Various Claimants v Catholic Child Welfare Society [2012] UKSC 56, where the Supreme Court held that a religious order was vicariously liable for abuse committed by its members. More recently, courts have extended this principle to cover abuse by volunteers, foster carers, and even individuals on work experience

Why This Matters for Survivors

Understanding vicarious liability is crucial because it opens the door to compensation from institutions that may have failed in their duty of care. Survivors often feel powerless when the perpetrator alone is held responsible; especially if that person has limited financial means or is deceased. Holding institutions accountable can provide a sense of justice and help prevent future harm to others.

How Ison Harrison Can Help

At Ison Harrison, we understand the courage it takes to come forward. Our specialist team has extensive experience in handling sensitive sexual assault claims with compassion, discretion, and determination. We will listen to your story, explain your legal options clearly, and support you every step of the way.

We can help you:

  • Determine whether vicarious liability applies in your case
  • Gather evidence and build a strong claim
  • Seek compensation for the harm you’ve suffered
  • Hold institutions accountable for their failures

You Are Not Alone

If you or someone you care about has experienced sexual assault, please know that you are not alone and you have legal rights. We are here to help you understand those rights and pursue justice in a way that feels safe and empowering.

Contact our specialist team today for a free, confidential consultation. Call us on 0113 284 5000 or email [email protected] to speak with someone who understands.

after work event

Bringing a Claim Against Your Employer After Sexual Assault at a Work Event: Understanding Your Rights

Work events are often designed to foster team cohesion, celebrate achievements or build client relationships. However, when such events become the setting for inappropriate or criminal behaviour, including sexual assault, the impact on victims can be devastating.

If you have been sexually assaulted at a work event, you may be entitled to bring a civil claim against your employer. This blog explains how such claims work, what needs to be proved, and what compensation may be available.

Vicarious Liability: When Employers Are Legally Responsible

Under English law, an employer may be held vicariously liable for wrongful acts committed by an employee if those acts are “closely connected” with the employee’s duties. This principle was confirmed in Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 and extended in WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12. For sexual assault cases, the key issue is whether the assault was sufficiently connected to the employment and the context in which it occurred.

Courts have held that employers may be liable for sexual assaults by employees at work-related social events, especially where attendance is expected or the employer organises or endorses the event. For example, in Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214, an employer was found liable after a managing director assaulted an employee at an after-party. The assault was deemed to arise from an abuse of authority linked to the employment relationship.

What Needs to Be Proved?

To bring a successful civil claim for compensation for an assault at a work event, a claimant must establish:

  1. That the assault occurred: This is typically supported by witness accounts, messages, CCTV footage or police reports.
  2. That the perpetrator of the assault was an employee (or in some cases a contractor or agency worker under the control of the employer).
  3. That the assault was committed in the course of employment or at a work-related event where the employer exercised control or encouraged attendance.
  4. That the employer was negligent or vicariously liable: This may involve demonstrating that the employer failed to safeguard employees, e.g. by allowing excessive alcohol consumption, failing to supervise senior staff, or inadequately responding to prior complaints or risks.

You do not need to prove a criminal offence. A civil claim is assessed on the balance of probabilities, not the criminal standard of “beyond reasonable doubt”.

What Can Be Claimed?

If successful, a civil claim may include compensation for:

  • General damages: For pain, suffering, psychological injury, and loss of amenity. This may include PTSD, anxiety, or depression resulting from the assault.
  • Special damages: These cover financial losses such as counselling or medical treatment costs, lost earnings, travel expenses, or any impact on career progression.
  • Aggravated damages: In some cases, if the conduct was especially degrading or humiliating.
  • Future losses: If the impact of the assault has long-term or permanent consequences on your ability to work or enjoy life.

Seeking Support and Taking Action

Sexual assault is a traumatic experience, and it is crucial to access the support you need. In addition to reporting the matter to the police, you may wish to seek legal advice as early as possible. Time limits apply generally; you have three years from the date of the incident to issue proceeding in support of your personal injury claim. The courts can extend this period but only in exceptional circumstances.

At Ison Harrison, our team provides confidential, compassionate legal advice tailored to your circumstances. If you have experienced sexual assault at a work event, contact us today to discuss your options in a safe and supportive environment.

 

Measures to tackle grooming of children to take effect

News from Express and Star

The offence aims to cover a gap in existing legislation and allow police and prosecutors to intervene earlier and stamp out grooming before sexual activity can take place.

Ministers have faced criticism over a delay in implementing the measure, Section 67 of the Serious Crime Act 2015, which has been on the statute book for more than two years.

The legislation was given royal assent in March 2015 but it was not until last month that the Government specified a date for the anti-grooming clause to come into force.

Justice Secretary Elizabeth Truss said: “In a world of mobile phones and social media, our children are ever more vulnerable to those who prey on their innocence and exploit their trust.

“The best way of protecting our young people from the evils of child abuse is to stop it happening in the first place.

“This new offence will give courts the powers to jail anyone who sends a sexual communication to a child and stop the process of grooming before it starts.”

The MoJ said Ms Truss made enacting the clause a priority, and has “acted decisively to ensure children are protected both online and offline”.

Peter Wanless, the charity’s chief executive, said: “The Justice Secretary has done the right thing. It is a victory for common sense. Children should be as safe online as they are offline, wherever they are in the UK.

“This law will give police in England and Wales the powers they need to protect children from online grooming, and to intervene sooner to stop abuse before it starts.”

It is a criminal offence under the new law for someone aged 18 or over to intentionally communicate with a child under 16, where the perpetrator acts for a sexual purpose and the communication is sexual or intended to elicit a sexual response.

The offence applies to both online and offline contact including social media, texts and letters.

Officials said, while there are a range of offences already available to deal with sexual communication, many do not automatically attract sex offender registration.

Victims’ Commissioner Baroness Newlove said: “We need to make sure we are doing everything possible to protect children from online grooming and predators.

“The new law to prevent sexual communication with a child will help keep children safe in a digital world and prevent future victims.”

Read more here.