Skip to main content
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 25 October 2000 - onwards
Version 2 of 2

42. Vicarious liability.

(1) Anything done by a person in the course of his or her employment shall, in any proceedings brought under this Act, be treated for the purposes of this Act as done also by that person’s employer, whether or not it was done with the employer’s knowledge or approval.

(2) Anything done by a person as agent for another person, with the authority (whether express or implied and whether precedent or subsequent) of that other person shall, in any proceedings brought under this Act, be treated for the purposes of this Act as done also by that other person.

(3) In proceedings brought under this Act against an employer in respect of an act alleged to have been done by an employee of the employer, it shall be a defence for the employer to prove that the employer took such steps as were reasonably practicable to prevent the employee-

(a) from doing that act, or

(b) from doing in the course of his or her employment acts of that description.