| Commentary

(4) Fines cases

| Commentary

(4)     Fines cases

Even more difficult issues may arise if the allegation is that the employee(s) not only acted negligently causing damage, but in fact put the employer in breach of the law and liable to criminal or administrative penalties (possibly by unlawful actions by themselves).

In Safeway Stores Ltd v Twigger [2010] EWCA Civ 1472, [2011] 2 All ER 841, the employer alleged that various ex-members of staff (some directors but also some ordinary employees) had by their actions put the company in breach of competition law and

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