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Vicarious liability
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163. (1) Anything done by a person in the course of his or her employment shall, in any proceedings brought under this Act, be treated, for the purposes of this Act, as done also by that person’s employer, whether or not it was done with the employer’s knowledge or approval.
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(2) Anything done by a person as agent for another person, with the authority (whether express or implied and whether precedent or subsequent) of that other person shall, in any proceedings brought under this Act, be treated as done also by that other person.
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(3) Subject to subsection (4), in proceedings brought under this Act against an employer in respect of an act alleged to have been done by an employee of the employer, it shall be a defence for the employer to prove that the employer took such steps as were practicable to prevent the employee—
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(a) from doing that act, or
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(b) from doing in the course of his or her employment acts of that description.
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(4) Subsection (3) shall not apply to any civil proceedings, whether under this Act or otherwise.
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(5) In this section—
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“contract of employment” means a contract of employment or of service or of apprenticeship, whether the contract is express or implied and, if express, whether it is oral or in writing;
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“employee” means a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer;
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“employer”, in relation to an employee, means the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment, and includes—
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(a) a person (other than an employee of that person) under whose control and direction an employee works, and
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(b) where appropriate, the successor of the employer or an associated employer of the employer.
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