Morrisons not vicariously liable for employee who attacked customer

In Mohamud v W M Morrison Supermarkets plc [2014], the Court of Appeal confirmed the principle that an employer will not always be vicariously liable for the actions of its employees.

Mr Mohamud, who is of Somali descent, was a customer at one of Morrisons’ petrol stations — on entering the kiosk, he asked a Morrison’s employee, Mr Khan, if he could print off some documents that were stored on a USB stick that he had with him. Mr Khan was subsequently abusive and racist towards Mr Mohamud, who then left the kiosk. Despite his supervisor instructing him not to follow Mr Mohamud, Mr Khan did so anyway and continued to subject Mr Mohamud to an unprovoked and serious assault, both kicking and punching him…

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