The States have agreed to closely align to the UK legislation in respect of liability.

Individual liability not specified

The draft proposals do not offer sufficient protection for employers and service providers in situations where employees or service users acted in ways which were beyond the employer’s or service provider’s control.

Now more closely aligned to the UK

In a workplace context, an employer can be liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment. Although it is a defence if the employer can show it has taken all reasonable steps to prevent such acts or omissions from occurring.