Can employers be vicariously liable for independent contractors?

Generally no, but exceptions exist where the contractor is 'akin to an employee' (Barclays 2020). After Barclays narrowed the doctrine, true independent contractors rarely give rise to vicarious liability. Integration into the business is the key factor.

What is the 'close connection' test?

The close connection test asks whether the tortious act was so closely connected with the employment that it is fair and just to hold the employer vicariously liable. Mere opportunity to commit the tort is insufficient; the employer must have materially increased the risk of the act occurring.

Vicarious Liability Test: Employee vs Contractor Calculator

Assess an organisation's vicarious liability exposure for a worker's tortious act under the two-stage Barclays Bank v Various Claimants [2020] UKSC test: (1) employee/akin-to-employee relationship; (2) close connection between role and wrong.

Statute of Limitations

Incident / Event Date

Claim Type

⚖ For informational purposes only. Not legal advice. Consult a licensed attorney for your specific situation.

How to Use

Enter the values for the scenario you are assessing. Assess an organisation's vicarious liability exposure for a worker's tortious act under the two-stage Barclays Bank v Various Claimants [2020] UKSC test: (1) employee/akin-to-employee relationship; (2) close connection between role and wrong. Use the vicarious liability test result to inform your calculation.

Vicarious Liability Test: Employee vs Contractor Calculator

Statute of Limitations

How to Use

Frequently Asked Questions

Can employers be vicariously liable for independent contractors?

What is the 'close connection' test?