Vicarious Liability – Even For Theft

Employers would, on the whole, expect to be held responsible for anything that their employees may do in the course of their employment that has a direct, adverse consequence for a third party. However, the courts continue to interpret what is 'in the course of employment' widely and, from time to time, in ways that may come as a surprise to many employers. This is particularly so where an employee has clearly acted illegally, even criminally, and in a way that an employer would say they could not have anticipated and would consider wholly unconnected with the employee's work. The most recent example is the Court of Appeal's decision in Brink's Global Services Inc and others v Igrox Ltd.