Burger v JD Wetherspoon plc - vicarious liability for assault

**When can an employer be held liable for the actions of an independent contractor? And when does a contractor become so closely integrated into a business that the relationship is considered akin to employment?** In this episode of **The BDBF Podcast**, employment lawyers **Emma Burroughs** and **Connie Berry** explore the Court of Appeal's decision in Burger v Risk Solutions and JD Wetherspoon, an important case on vicarious liability and the distinction between employees and independent contractors. They discuss how a customer was seriously injured after being assaulted by two door supervisors employed by Risk Solutions at a Wetherspoon pub, why Wetherspoon was ultimately found not to be vicariously liable, and how the courts assessed the relationship between the security contractors and the pub company. **Emma** and **Connie** unpack the two-stage test for vicarious liability, examining when a relationship may be considered akin to employment and the importance of the close connection test when assessing whether a tort was committed in the course of employment. Listeners will gain practical guidance on: - When an employer can be held vicariously liable for the actions of an independent contractor - How the two-stage test for vicarious liability applies in practice - Why the level of control and integration within a business can be significant - The circumstances in which a contractor may be considered akin to an employee - Practical lessons for employers who regularly engage long-term or embedded contractors For employment lawyers, HR professionals, in-house counsel and employers, this episode provides valuable insight into the risks associated with contractor arrangements and the circumstances in which businesses may face vicarious liability for the actions of individuals who are not directly employed by them. **Disclaimer:** Views of external guest speakers do not represent those of BDBF. **Contact BDBF** Thank you for tuning in to*The BDBF Podcast:* *News and Insights for the Employment Law Community*, where we dive into practical guidance, expert analysis, and updates on employment law developments. For more behind-the-scenes content, exclusive events, and expert insights, please visit our website or follow us on your favourite social platform. We’d love to hear from you, particularly with feedback on the Podcast and requests for topics to cover in future episodes.  Drop us a line [podcast@bdbf.co.uk](mailto:podcast@bdbf.co.uk)  **Find out more:** Website: www.bdbf.co.uk/ Email: [info@bdbf.co.uk](mailto:info@bdbf.co.uk) Phone: +44(0)20 3828 0350 **Connect with us:** LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/ Facebook: www.facebook.com/BDBFLLP/ **Sign up to our newsletter:** www.bdbf.co.uk/newsletter-signup/ **Emma Burroughs** https://www.linkedin.com/in/emma-burroughs-78342a168/ **Connie Berry** https://www.linkedin.com/in/connie-berry-2513a036