Are you doing enough to prevent discriminatory behaviour?

In Allay (UK) v Mr S Gehlan, Mr Gehlan had complained of treatment he had received and comments made to him by a particular employee, and how managers who were made aware of such comments did not act appropriately. The starting point is that employers are liable for the actions of their employees for things done in the course of their employment. This includes acts of discrimination. There is an exception and defence to this concept of vicarious liability where the employer has taken all reasonable steps to prevent discriminatory conduct or behaviour taking place. Section 109 of the Equality Act 2010 provides the basis for such a defence.

Many discrimination cases feature multiple defendants, the employer and one or more ‘offending’ employees. If an employer can show that all reasonable steps were taken to prevent an employee acting in an offending manner (that which has caused the complaint), then a successful defence by the employer may be mounted to a claim. In some cases, the employer is successful in their defence while an individual employee (the perpetrator) is found liable.

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