What is the employer's liability in Tort Law? This is Day 8 of my series: 10 Tort Law Lessons in 10 Days. Employers’ liability has both a common law and statutory aspect. It is concerned with the employers’ personal duty in respect of the physical safety of their employees. Vicarious liability involves the employer being liable to a third party for the tort of their employee. In Wilsons & Clyde Coal Co Ltd v English [1938] AC 57, it was established that employers owe a non-delegable duty of care