Liability of employers and employees

Produced by Tolley in association with Emilie Bennetts at Charles Russell Speechlys LLP

Employment Tax

Guidance

An employer may be liable for contraventions of the Equality Act 2010:

•
on its own behalf
•
vicariously, for the acts of its employees
•
as principal, for the acts of its agents
•
by third parties, in the case of persistent harassment of employees

Employees and agents may also be personally liable for their own contraventions of the Equality Act 2010 (see ‘Liability of employees and agents’ below), provided the employer or principal is vicariously liable for it as well, or would be but for the fact that the employer establishes the employer’s defence (see defences to vicarious liability under ‘Vicarious liability of employers’ below).

An employer, principal, employee or agent may also be liable for:

•
instructing, causing or inducing contraventions of the Equality Act 2010
•
aiding contraventions of the Equality Act 2010

Vicarious liability of employers

An employer will be liable for any contravention of the Equality Act 2010 committed by a person it employs, provided that the act that constitutes

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Liability of employers and employees