Pub Chain Wins High Court Battle Over Customer’s Injuries

Published on: 22 May, 2025
Updated on: 24 May, 2025

Wetherspoon’s in Rodboro Buildings, Guildford

JD Wetherspoon was not liable for injuries a man sustained at the company’s Guildford pub when two members of the door staff restrained him, the High Court ruled this week.

The court ruled that the staff were independent contractors rather than employees of the pub chain.

Wetherspoon’s were appealing against a decision at a lower court which had found the company liable for injuries caused to customer Stephenus Bernadus Burger in August 2018.

It was stated that Mr Burger required emergency surgery and a three-night hospital stay after the incident.

Previously, at the Central London County Court, Recorder Shepherd had held that Wetherspoon’s were vicariously liable for the actions of the security personnel and awarded damages of £71,308.

Mr Burger accused Wetherspoon’s of an attempt to evade liability for the actions of security staff’ through its hiring of contractors.

But during the appeal, Wetherspoon’s argued that the private security company, Risk Solutions BG Ltd, and its employees were true independent contractors providing specialist services pursuant to a contract.

Mr Justice Sweeting allowed the appeal, stating that the judge was wrong to find that the relationship between the door staff and Wetherspoon’s was “akin to employment”.

The judge ruled that factors the recorder relied on such as Wetherspoon’s being responsible for counting hours, control over uniform and the company’s power to remove staff were actually “entirely consistent with a business engaging a specialist independent contractor to perform services on its premises for pragmatic commercial reasons.”