In what situation will an employee not be covered by vicarious liability for torts committed?

An employee may not be covered by vicarious liability for torts committed when the tort occurs outside of work hours. For an employer to be held vicariously liable for the actions of an employee, those actions must typically fall within the scope of employment. This means that the employee should be performing job-related tasks or acting in furtherance of the employer's interests at the time the tort occurred.

When an employee commits a tort during non-working hours, it is less likely that their actions can be linked to their employment. The rationale is that the employer should not be responsible for actions that the employee undertakes outside the scope of their duties or responsibilities. These actions are typically considered personal in nature, and therefore, do not implicate the employer's liability under the doctrine of vicarious liability.

In contrast, situations such as when the employee is on a business trip or receives benefits from their employer do not necessarily remove the employer's liability. Similarly, distinguishing between employees and independent contractors is crucial, as employers generally have less control over the activities of independent contractors, which can absolve them from vicarious liability in certain scenarios.