Discrimination claims brought solely against fellow employee are viable (News, 31 August 2012)

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Under the pre-Equality Act discrimination legislation, an employment tribunal had jurisdiction to entertain a claim brought solely against a fellow employee who was not the employer, where that individual was alleged to have committed the discriminatory act in the course of his employment, even though no claim had been brought against the employer. EAT: Barlow v Stone. It is likely that the position is the same under the Equality Act 2010, but, despite this, it remains advisable to join the employer as a respondent in most circumstances.