The question
Dev works in the payroll team of a supermarket chain. After being disciplined, he copies colleagues' payroll data at work and, a few weeks later, posts it online from home to harm his employer. Several colleagues sue the supermarket.
Which of the following is the best answer?
Show the answer and explanation
The best answer is D: The supermarket is not vicariously liable, because Dev was pursuing a personal vendetta rather than acting on the employer's business.
These are essentially the facts of WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12. The test is whether the wrongful conduct was so closely connected with acts the employee was authorised to do that it can fairly be regarded as done in the course of employment. The Supreme Court held that the disclosure was not: the employee was pursuing a personal vendetta, not engaged, however misguidedly, in the employer's business.
Option C is wrong: deliberate wrongdoing, even criminal acts, can attract vicarious liability (Lister v Hesley Hall Ltd [2001] UKHL 22). Timing and place (option E) are relevant but not decisive.