In Various Claimants and WM Morrisons Supermarket PLC, Andrew Skelton, a former internal auditor, copied payroll data relating to 99,998 employees to a USB stick and then posted the personal details online. The data consisted of the names, addresses, gender, dates of birth, phone numbers, national insurance numbers and bank sort codes. 5,518 Morrisons’ employees whose data was disclosed, claimed compensation for misuse of private information and breach of confidence. The High Court found that Skelton’s role was to handle the payroll data, receive it, store it for a while, transfer it to others and then delete it. This meant that there was a sufficiently close connection between Skelton’s job and his wrongful conduct to make it right for Morrisons to be held vicariously liable. Although Morrisons were one target of his actions, they should be liable vicariously for the wrongs Skelton did to the claimants. Morrisons have been granted the right to appeal.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
