can my employer make me sign a form which renders me liable to prosecution by the public?

Answer 1

Don't sign anything.
Your employer should have public liability insurance to cover that.

Answer 2

O.K,

Employers are jointly and severably liable for the actions and omissions (things people don't do which cause harm) of their employees. This is known as 'vicarious liability'. Whether you sign the form or not you are still liable to prosecution by the public if you cause harm/loss to them - this is seen in the term 'jointly and severably'. What this basically means is that the person with the claim (i.e 'the claimant') can choose whom he wishes to file that claim against.

For practicalities sake it is highly unlikely that an employee of a company would ever be sued by a member of the public as they would be seeking damages -you cannot take what one does not have and as the employer is more likely to be in a position to pay these damages and, in any event, is likely to have employee indemnity insurance (this is not the same as public liability insurance, although many public liability insurance policies carry this with it).

That is the basic jist of the situation you are in now. In answering the actual question it must be remembered that you cannot be forced into signing anything you are not happy with. I cannot possibly comment without knowing the full background of what they are trying to make you liable for however any restriction of their vicarious liability will be subject to the restrictions in the Unfair Contract Terms Act (check www.dti.gov.uk).

Answer 3

What? Liable for prosecution by the public for what? The actions of someone else?
Your question makes no sense.

What your employer might be able to do is make you sign a form that recognizes that (a) you have to obey the law during the course of your job, that (b) any violations of the law by you are not authorized by the employer, (c) they reserve the right to report violations of the law to authorities, and perhaps search your stuff or your computer to ensure that no violations are occurring.

Perhaps you should make your question clearer.

Answer 4

They cant force you to sign this, however, its probably in a similar league to the '48 hour working week' disclaimer many of them 'pressure' you to sign.

I would firstly email AND ask your manager or someone in HR (for example) if you HAVE to sign it or not and what your status is here and then keep a copy of your email and their email, - I would also (if they DO make you sign it) write somewhere on that form that you were signing it under 'duration' despite not wishing to - you are well within your rights to do that (I would also state that you do not understand what exactly it means) (and make sure you take a copy of the form before you hand it back to your boss).

Now, unfortunately, not knowing exactly what this form says and what exactly you do within the scope of your profession etc etc its hard to give you an exact answer, however, looking over previous cases it would appear that regardless of what forms you sign, if you are carrying out any duties expected from you within the scope of your employment then any torts, vicarious liabilities, negligent acts, ommissions or misrepresentations etc etc carried out within your working hours (this can sometimes even cover you on your way to and from work) then your employer is liable for them, so the form they want you to sign may not be worth the paper its written on - but this does not apply in every case, as mentioned above and I cannot possibly guarentee that in this instance.

Dont be scared to question your company directly about your rights - often employers work on the fact that 'ignorance is bliss' - tell them straight that you dont understand what it is they want you to sign and what it exactly it means - I would email this and print a hard copy (and CC someone or everyone in on it) along with their response and of course, keep a copy of that also - it is their duty to make it clear to you what it is they want you to sign and why, but it is your duty to make sure you understand (preferably before you sign) and if you dont understand to ask.

Answer 5

NO
Your employer cannot enforce you to sign anything that you do not agree with. That is up to you.
Public liability is in the hands of the company, and a certificate of such is required to be displayed in the workplace.
Do not sign. Check out the certificate - you are entitled to look at it.
I'm not being awkward, but that is employment law.

Bob

Answer 6

I would get bonded and insured , i don't think they can force you but i would dot my eyes and cross my T's just to be safe! I would ask an insurance agent about a bound 100$ for a 10,000 $ policy or shop around!

Answer 7

Check your contract, it may be a condition of your employment. If it isn't no they can't make you sign it, but they'll try to sack you for the slights thing after ward.

Answer 8

I only know of this happening when someone's a contractor, not full employee. If you have to sign it, you'll need public liability insurance.

Answer 9

I dont fully understand your question.
Your employer can put anything in your employment contract, but they may not be able to enforce it legally.

Answer 10

don't sign anything till you are sure its the right thing to do.if you are not in a union contact acass and ask their opinion first.they are there to help you if you are not in a union of your own.