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Exactly How Were They Supposed To Stop This Then ?

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bazwillrun | 11:48 Wed 02nd Mar 2016 | News
36 Answers
http://www.bbc.co.uk/news/uk-35696701

an absolute nonsense decision by our wonderful judiciary...
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Looks like opening another 'can of worms' to me.
It's good for the victims, though
No employer could predict what might have happened (unless he had a record of violence) but Morrisons will have insurance against all such eventualities.
And who will foot the bill ultimately?

Compensation culture has just been refueled. Watch out for armies of scum ambulance chasing lawyers now
They don't really explain the decision in that article do they? Has anyone seen anything else on it where it make sense?
Poor Morrisons.
Morrisons wont be the payer, the public will. As always.
never mind, it's all money churning around in the system
AB Editor do you think ANOTHEOLDGIT'S comment is acceptable?
THECORBYLOON, for goodness sake stop it! There's enough of that schoolyard nonsense around here already!
It’s not quite so outrageous as you imagine, baz.

Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. I’ve cribbed this bit from the “ACAS” website:

“In a workplace context, an employer can be liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment.”

The BBC article does expand a little:

“BBC legal correspondent Clive Coleman said the court had to consider two key points - the nature of the job entrusted to Mr Khan, and whether there was a sufficient connection between the role and his wrongful conduct to make it right for the employer to be held responsible. The court found that the nature of the job was to be viewed broadly. In this case it was Mr Khan's job to attend to customers and respond to their inquiries. His response to Mr Mohamud's inquiry with abuse was inexcusable, but interacting with customers was within the scope of his job."

As with all matters like this, we only get a couple of paragraphs to explain the outcome of a hearing that may have lasted days. It is obvious that the employer cannot control what an employee does every minute of their time on duty and almost certainly could not have prevented this incident (unless they had not employed Mr Khan in the first place in which case they would have demonstrated remarable foresight). However they have liability for their behaviour whilst working for them, especially their behaviour towards their customers. We can argue the finer points of the decision but we don’t have all the facts. The court on this occasion found that Morrisons did shoulder responsibility for Mr Khan’s behaviour.
Unfair decision.
NAOMI you are entitled to your opinion but I am also entitled to ignore it. The implication in ANOTHEOLDGIT's comment is that ANYONE of that name or ANYONE of the employee's ethnicity would have been likely to have committed such an act. That to me is a racist comment and I have reported it.
The next "logical" step in this nonsense is the employer will be responsible for the employees conduct going to and from his work. As naomi says it's an unfair decision.
You can understand liability if you employ a paedophile to work with children, or somesuch
You can understand liability if you employ a paedophile to work with children, or somesuch
^Argh. But how can you anticipate something of this nature?
I can't help but feel that the newspapers have left 'something' important out when reporting the Judge's ruling......
The BBC?

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