I bet you’d never heard of rap duo Bob Vylan before last weekend’s performance at the Glastonbury Festival. This week however, they have been all over the news following their controversial act which included the chant of "death, death to the IDF", sparking widespread criticism. Notably however, the brunt of public outrage, condemnation from political commentators and accountability has fallen on the BBC rather than directly on the performers themselves; although the police are now investigating the group.

Despite not having direct control over the band's content, the broadcaster faces a police investigation and serious consequences because it failed to swiftly curtail the live broadcast, once the controversial chant began. We can only assume that the Glastonbury event organisers have a great PR team to have escaped scrutiny on the matter.

This whole affair is a classic example of “vicarious liability” and really crystalises what it means.

Vicarious liability is a legal principle whereby an organisation is held responsible for the actions or omissions of its employees or representatives when those actions occur in the course of their employment or duties. Essentially, if an employee engages in behaviour that breaches legal or ethical guidelines, such as inciting hatred, harassment, discrimination, or abuse, the employing company can find itself facing serious legal repercussions, regardless of direct involvement or prior knowledge.

Translating this into a business context, imagine an employee within your organisation making a discriminatory remark or displaying offensive behaviour toward a colleague or customer, particularly relating to any of the protected characteristics outlined by the Equality Act 2010. Even if senior management was unaware of or didn't condone the employee's actions, the company itself can still be held legally liable.

This means employers must proactively manage and mitigate risks by ensuring their staff are fully aware of what constitutes appropriate workplace behaviour.

Several recent UK tribunal cases underscore the significance of this principle. For instance, in 2022, a firm was ordered to pay over £36,000 when an employee made repeated derogatory comments relating to religion and ethnicity. Despite the employer’s assertions that they did not endorse or condone these behaviours, the tribunal found that the company had not provided sufficient training or taken adequate preventative measures. Another notable example involved a retail company ordered to pay £25,000 to an employee who suffered racial harassment from colleagues, again due to inadequate managerial oversight and insufficient employee training.

Clearly, it is imperative for employers to take responsibility and implement robust measures to educate and train their teams in an attempt to mitigate risk. This involves clearly communicating expectations around conduct, providing thorough training to highlight appropriate and inappropriate behaviour, and ensuring effective procedures are in place for promptly addressing any misconduct.

It’s not OK to simply think the employee should have know better, or to think it has nothing to do with the employer what the employee chooses to say, and make this your excuse. Organisations must actively demonstrate that they have taken reasonable steps to prevent misconduct and harassment to reduce their vulnerability to vicarious liability claims.

You’ll already know that at HR Champions, we specialise in providing comprehensive, targeted training solutions. By investing in training focused on dignity at work, and by ensuring your managers are knowledgeable, confident and capable in handling potentially dangerous situations, organisations can significantly reduce their exposure to liability. A modest investment in preventative training can mitigate the risk of potentially devastating financial and reputational damage that tribunal claims can bring.

But don’t wait until you’ve suffered an event and it's too late. Ensure your workforce is fully educated on expected behavioural standards and the consequences of breaching them. Contact HR Champions today to discuss tailored training solutions suitable for your organisation’s needs.

Additionally, consider attending one of our free Workplace Series Seminars, where you can learn more about managing workplace behaviour effectively and safeguarding your organisation from legal pitfalls. Take proactive steps today to protect your organisation's future. Call us on 01452 331331, or complete the contact form.