No liability for horseplay

Chell v Tarmac Cement and Lime Ltd [2022] EWCA Civ 7

The Court of Appeal has ruled that an employer was not liable for injuries suffered as a result of a practical joke carried out by one employee on another using equipment that was completely unconnected with his work, even though the incident took place during work time. The act was found not to be sufficiently proximate to what the employee was authorised to do by the employer and in that context, it would not be fair to hold the employer liable for the act. That conclusion was reached even though the practical joke was not considered to be a wrongful act authorised by the employer or a wrongful mode of carrying out an authorised act.