EAT Sex Discrimination – Vicarious liability
1. The reference to agency in the SDA and RRA is to agency at common law. There is no alternative construction, in order to give effect to the purpose of the ET Directive.
2. A police officer appointed as investigating or supervising officer in statutory police disciplinary proceedings is not the agent of the chief officer of police who is not liable for unlawful discrimination by those officers. A civilian officer may be an agent or may be carrying out management functions for which the chief officer is responsible.
3. Delay in re-fixing an adjourned hearing may make the Decision unsafe.
Judges:
McMullen QC HHJ
Citations:
UKEAT/0310/03, [2004] UKEAT 0310 – 03 – 2805
Links:
Discrimination, Employment
Updated: 11 June 2022; Ref: scu.198456