The High Court has held that Barclays was vicariously liable for sexual assaults committed by a doctor engaged to carry out medical examinations for prospective applicants.
This case involved 126 claims, which applied the two-stage test, finding that:
the relationship was one of employment or “akin to employment”, as the assaults had been committed as a result of activity being undertaken by the doctor on behalf of the bank, and
the assaults had a sufficiently close connection to the employment or quasi-employment because the doctor was under the control of the bank as they could direct what he did, even if they didn’t direct him how he should do it.
It was fair, just and reasonable to impose vicarious liability as this was now the Claimants’ sole legal recourse, even though this was due to the claim being brought many years after the alleged assaults.