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Unions may be liable for elected officials as agents under the Equality Act 2010 (Unite the Union v Nailard)

Published on: 29 May 2018
Published by: LexisPSL
  • Unions may be liable for elected officials as agents under the Equality Act 2010 (Unite the Union v Nailard)
  • What are the practical implications of this judgment?
  • What is the relevant background?
  • Background law
  • Background facts
  • The decision of the employment tribunal
  • The EAT judgment
  • The appeal and cross-appeal
  • The judgment of the Court of Appeal
  • Case details

Article summary

A union may be liable for the discriminatory actions of its elected officials as agents under the Equality Act 2010 (EqA 2010) even if those officials are not employees of the union. In addition, the use of the phrase ‘related to’ in EqA 2010, s 26 does not mean that employers are liable for harassment by third parties (in particular given the repeal of the express third party liability provisions of EqA 2010 s 40), the Court of Appeal has confirmed. or take a trial to read the full analysis.

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