GFTU Emplaw Emplaw Emplaw

Vicarious Liability

Key Points

  • Employers are responsible for employees’ discriminatory acts in the course of their employment.
  • Employees can also be jointly and severally liable.
  • Defences are available to both under the Equality Act 2010.
  • Brexit effect - unless otherwise stated, the position in relation to any EU legislation and decisions as set out in this card is as it was understood at the end of the transition period on 31st December 2020. For information on the status of EU decisions and legislation as of 31st December 2020 please see Statement on impact of Brexit on Emplaw Online content’.

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