Employee granting permission on behalf of employer

NavyandBlue

In General, can an employee grant permission for a third party to come on to the employer's premises outside of that employee's working hours?

Thanks

Victor

I think it would rather depend on context. There is a big different between a shop cashier having their lift wait for them on the shop floor while they get tehir jacket and bag and a bank cashier inviting all his mates from the pub into the bank at midnight.

Reloc8

Yes, they can of course in the sense of anyone can do anything. The question is whether the third party can claim against the employer for injury or similar, I presume, i.e. can the employee grant a valid permission to come on the premises outside business hours.

It would largely depend in the first instance on the authority & duties of the employee. However, in the context of authority for the purpose of third party liability ostensible authority is probably more important than actual - i.e. if the employee appeared to the third party to be authorised to let them on. That would relate directly to occupier's liability i.e. an injury caused by the state of the premises.

In respect of vicarious liability, i.e. the act of letting the third party on site itself injured the third party who now sues the employee, the question would be whether the employee was carrying out his duties albeit negligently, or whether the act of letting the person on was although not part of his duties was so closely connected to his duties as to render the employer liable, broadly. Ostensible authority would not be relevant under this head of liability.