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EMPLOYERS’ LIABILITY FOR ACTS OF EMPLOYEES
Employers can be held liable for harassment committed by their employees under Section 109(1) of the Equality Act 2010 (EqA). It is irrelevant whether the employer was aware of or approved of the conduct of the employee in question. In
Allay v Gehlen, the claimant, Mr. Gehlen, who described himself as being “of Indian origin,” brought a complaint that he had been subjected to harassment on the grounds of race by a colleague during the course of his employment. The question considered by the EAT was not whether the harassment had taken place (this was clearly established) but instead whether the employer could avoid liability for the harassment conducted by one of its employees by satisfying the applicable statutory defence. Section 109(4) EqA provides a defence for an employer where it can show that it took all reasonable steps to prevent the employee(s) in question from doing the act(s) alleged to have taken place in the course of