(1)  If an employee commits a tort for which his or her employer is also liable –

(a) the employee is not liable to indemnify, or to pay any contribution to, the employer in respect of the liability incurred by the employer; and

(b) the employer is liable to indemnify the employee in respect of liability incurred by the employee for the tort (unless the employee is otherwise entitled to an indemnity in respect of that liability).

(2)  Contribution under this section includes contribution as joint tortfeasor or otherwise.

(3)  This section does not apply to a tort committed by an employee if the conduct constituting the tort –

(a) was serious and wilful misconduct; or

(b) did not occur in the course of, and did not arise out of, the employment of the employee.