Allay (UK) Ltd v Gehlen (Race Discrimination): EAT 4 Feb 2021

An employer can defend a claim resulting from the otherwise unlawful discriminatory actions of an employee if it is able to rely on section 109(4) Equality Act 2010 because it can demonstrate that all reasonable steps were taken to prevent the employee from doing ‘that thing’, or ‘anything of that description’. In considering the steps that have been taken, and whether further reasonable steps were required, it is legitimate to consider how effective the steps that have been taken were likely to be when they were taken and, in appropriate circumstances, how effective they have proved to be in practice. The tribunal in this case was entitled to conclude that such training as had been provided to the perpetrator of race harassment, and a number of other employees, including two managers who failed to report matters to HR, had become stale and required refreshing.


[2021] UKEAT 0031 – 20 – 0402




England and Wales

Employment, Discrimination

Updated: 22 November 2022; Ref: scu.661690