You Can't Get The Staff These Days…

Mohamud v W M Morrison Supermarkets PLC, Court of Appeal, 2014

Facts

The appellant, of Somali descent, brought a claim for personal injury after he was brutally attacked. Mr Mohamud drove into the respondent's petrol station kiosk to ask if he could print some documents that were on a USB stick.

The respondent's employee refused the appellant permission in an abusive fashion including the use of racist language. As the appellant returned to his vehicle he was physically assaulted by the respondent's employee. The appellant argued that the respondent was vicariously liable for the actions of its employee.

Held

In order for vicarious liability to be found, the court had to consider a two part test: