header-logo header-logo

31 March 2020 / Dean Armstrong KC , Shyam Thakerar
Categories: Features , Employment
printer mail-detail

Wrongful disclosure & vicarious liability

The Supreme Court’s decision in WM Morrison Supermarkets plc (Appellant) v Various Claimants (Respondents) reaffirms the fundamental tenets of vicarious liability despite the employer's appeal being allowed, say Dean Armstrong QC & Shyam Thakerar

 

  • Employers have very little space to hide when it comes to data protection breaches and, unless they have suffered at the hands of a vindictive employee, will most likely face the consequences of such a breach by their employees.
  • The Supreme Court has not changed the law with regard to vicarious liability or made it less likely for employers to be found vicariously liable for the acts of their employees when acting in the course of their employment.

In the judgment handed down today (2 April 2020) in WM Morrison Supermarkets plc (Appellant) v Various Claimants (Respondents) [2020] UKSC 12, [2020] All ER (D) 02 (Apr) the Supreme Court overturned the Court of Appeal’s decision to find that Morrisons was not vicariously liable for the actions of a rogue employee in deliberately disclosing

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
back-to-top-scroll