Even when an employee acts on his own to breach the company’s data, the company could still be held liable, according to U.K. courts involved in the country’s first data breach class action lawsuit.

In Various Claimants v. Wm Morrisons Supermarket, a U.K. supermarket chain was able to escape primary liability claims brought by 5,000-plus employees whose data was exposed. However, Morrisons hasn’t been able to dissuade U.K. courts to drop the vicarious liability charge. On April 15, the Supreme Court of the United Kingdom decided to hear the appeal.