EAT RACE DISCRIMINATION – Vicarious liability
An employer is only liable for the discriminatory acts committed by an agency worker who became part of its workforce if either:
1. he became its employee as defined in cases such as, James v London Borough of Greenwich [2008] ICR 545, or,
2. if he acted as the employer’s agent in the sense that when doing a discriminatory act he was exercising authority conferred by the employer. In other words if he had authority to do an act which was capable of being done in a discriminatory manner just as it was capable of being done in a lawful manner.
Judges:
Serota QC J
Citations:
[2011] UKEAT 0228 – 10 – 2203
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 04 September 2022; Ref: scu.430751