Supreme Court rules Morrisons responsible for violent employee

THE Supreme Court has ruled that supermarket group Morrisons was responsible for one of its employees who racially abused and assaulted a customer.

Ahmed Mohamud was punched in the head and kicked as part of a “serious attack” by the petrol station attendant Amjid Khan on the forecourt, following an exchange of words inside the kiosk.

In a unanimous decision, the Supreme Court reversed the verdict of the trial judge and Court of Appeal in deciding Morrisons was “vicariously liable” for Mr Khan’s actions.

Lord Toulson, giving the lead judgment, found the employee’s actions were “inexcusable but within the ‘field of activities’ assigned to him”.

He disagreed with the trial judge’s reasoning that there was no connection between Mr Khan’s employment and his behaviour towards Mr Mohamud.

Lord Toulson decided there was “an unbroken sequence of events” between the initial conversation between customer and staff member and the assault. He also found that, when Mr Khan told Mr Mohamud that he was never to come back to the petrol station, “it was an order to keep away from his employer’s premises, which he reinforced by violence”.

The attack took place in 2008 and since then Mr Mohamud has died from an unrelated illness but the claim has been continued.

The Supreme Court held the hearing in October and delivered its verdict today.