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Caspersz v Ministry of Defence - Vicarious liability of employer for discriminatory (sex & race) conduct of one employee to another [2006] EAT

Ms Casperz was a staff officer to Mr McDermott, the Assistant Chief Constable Personnel and Training in the Ministry of Defence Police Force. She made complaints of (verbal) sex and race discrimination by him. She sued the MoD. The MoD claimed that they had taken such steps as were reasonably practicable to prevent their staff, including Mr McDermott, from doing the discriminatory act(s) and therefore were exempted for liability (see SDA 1975 s.41(3) and RRA 1976 s.32(3).

An employment tribunal dismissed her claim and the EAT dismissed her appeal.

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