Did the employee commit the tort 'during the course of his employment

Mohamud v Morrisons

Test for if action occurred in the ‘course of employment’, the test is to establish whether there is a ‘close connection between the position in which they are employed and the wrongful conduct’

Poland v Parr

Employers will be liable for torts committed whilst doing an act authorised by an employer

Rose v Plenty

Employers can still be liable for unauthorised acts if employees are still doing their job (the rationale is that the employer is still benefitting.)

Twine v Beans Express

If an employees action is clearly in their own interest and disconnected from employment, no liability

Beard v London General Omnibus

If an employee causes injury doing something outside of of employment, no liability

Lister v Wesley Hall

employers can still be liable for criminal acts of employees if there is a close connection between the crime what the employee was employed to do

Hilton v Thomas Burton

If an employee causes injury whilst doing something outside the area or time of their work, no liability

Payment of compensation/who has to pay?

employee is primarily liable BUT employer may be vicariously liable, claimant can pick who to claim from.

Civil Liability (Contribution) Act 1978: Employer can recover any compensation paid out form employee