Employer not liable for worker’s injury caused by practical joke, Court of Appeal finds

Judge rules it would be unreasonable to expect businesses to ensure their staff did not engage in ‘horseplay’

The Court of Appeal has ruled that a firm is not vicariously or directly liable for an injury at one of its worksites that happened as a result of an attempted practical joke by one of its employees.

Upholding a previous ruling by the High Court, the Court of Appeal found that Tarmac Cement and Lime Limited was not liable for injuries suffered by Andrew Chell, who was working at one of its sites as a contracted fitter, caused when an employee intentionally detonated two explosive pellets close to Chell, nor was it vicariously liable for the actions of the employee.

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