The issue of whether an employer is vicariously liable for a breach of statutory duty by an employee was considered in Majrowski v Guy’s and St Thomas’s NHS Trust [2005] EWCA Civ 251. The claimant alleged that he had been harassed by his manager within the meaning of s 1 of the Protection from Harassment Act 1997 and that their mutual employer was vicariously liable for the manager’s behaviour. It was held that vicarious liability could be imposed for breach of statutory duty as well as for common law claims, provided the test in Lister v Hesley Hall was made out.