When a practical joke goes wrong at work, is the individual or the employer liable for the consequences?
From Practical Joke to Personal Injury Claim
In the case, Chell v Tarmac Cement and Lime Ltd, Mr Heath and Mr Chell both worked on the same site operated by Tarmac. Mr Heath was employed by Tarmac and Mr Chell was a contractor supplied by a third party. Mr Heath, as part of a practical joke, hit two 'pellet targets' with a hammer causing an explosion by Mr Chell's ear. Mr Heath was dismissed by Tarmac following the incident which caused Mr Chell to suffer a perforated ear drum, hearing loss and tinnitus.
Mr Chell brought a personal injury claim against Tarmac.
The High Court upheld the County Court decision that Tarmac was
not liable for the consequences of Mr Heath's practical joke.
The court held that there was not a sufficiently close connection
between Mr Heath's employment and his actions and that it is
not reasonable to expect an employer to implement health and safety
policies that foresee and combat horseplay or practical
jokes.
The 'target pellets' were not work equipment and had been
brought to the site by Mr Heath specifically to carry out the
practical joke, rather than for any work use. Additionally, Mr
Heath was supposed to be working on another job in another part of
the site and should not have been in the vicinity of Mr Chell at
the time of the prank. The Court found that "work merely provided an opportunity
to carry out the prank that he played, rather than the prank in any
sense being in the field of activities that Tarmac had assigned to
Mr Heath."
Best Practice
The decision follows the approach of the recent Supreme Court case, which we previously reported, where supermarket chain Morrisons was not vicariously liable for its employee's malicious data breach. In the Morrisons case, the Supreme Court emphasised that there must be a sufficiently close connection between the employee's work and the employee's wrongdoing for the employer to be vicariously liable.
All claims of this sort will turn on their particular facts.
However, cases such as this are useful illustrations of how the
courts will interpret the 'sufficiently close connection'
test.
In the written judgment, it is noted that practical jokes in the
workplace can amount to a form of bullying. Employers should ensure
that they have appropriate policies in place to deal with workplace
bullying and harassment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.