When clients in the leisure or hospitality sector engage third-party door staff, ensuring the right contractual arrangements are in place is vital. A recent court decision involving JD Wetherspoon (JDW) highlights how a well-drafted contract can be the difference between being drawn into an expensive legal dispute and being properly protected.
In this case, JDW faced a claim after a doorman – supplied by a security contractor – assaulted a member of the public. The lower court initially found JDW vicariously liable, suggesting that the contractor’s staff were effectively part of JDW’s business operations. However, the High Court overturned this decision, confirming that JDW could not be held liable because it had a clear contract stating that the door staff remained under the employment and control of the independent contractor.
Where security or door supervision is outsourced, the contract must make it clear that the staff remain under the employment, control, and supervision of the security provider – not the venue or business hiring them.
Without this clarity, courts can sometimes conclude that door staff are effectively working as part of the venue’s business, creating the risk that the venue could be held vicariously liable for their actions – even where they are technically supplied by another company.
A properly worded contract for services, rather than a contract of employment, provides a clear separation between the business and the contractor. It also gives the client legal protection if an incident occurs involving the door staff, for example, an assault or injury claim.
Brokers should encourage clients to:
These provisions are a vital part of effective risk management, helping to protect clients from potential door staff claims and costly litigation.
We pride ourselves on being specialists in licensed trade insurance and understanding the unique risks faced by venues employing third-party door staff.
We work closely with our broker partners to ensure that the businesses we insure are properly protected – not only through comprehensive cover but also by promoting good risk management practices such as contractual clarity and liability control. Our expertise helps ensure that clients are well protected should incidents arise, giving both brokers and their customers complete confidence in their cover.
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