Lister v Hesley Hall Ltd [2001] 2 All ER 769

House of Lords 

Basic Facts: X, a warden employed by the defendant, managed a boarding house for emotionally disturbed boys. He sexually abused several boys in his care and was later jailed. The abused boys sued the defendant for vicarious liability. 

Issue: Are employers vicariously liable for the torts of their employee if the employee’s actions are closely connected to their employment? 

Held : The defendant was vicariously liable. X was acting in the course of his employment when committing sexual abuse

Key Issues :

• Vicarious Liability: The Salmond test (liability for authorised acts and unauthorised acts closely connected with employment) applies, but it should not be applied mechanically. 

• Scope of Employment: Although the warden’s sexual abuse was not authorised, it was closely connected to his employment because he was entrusted with the care of the boys. His wrongful acts occurred within the time and place of his duties. 

• Held (Lord Clyde): The employer is liable for acts closely connected with authorised acts, even if the acts are wrongful and for the employee’s private ends.