Discrimination law: Protection and liability

Author: Brightmine content team

Updating author: Tina McKevitt

Summary

• The definition of "employment" under the Equality Act 2010 is broad and covers a wide range of people, including job applicants, workers and contract workers.
• The Act is silent on the territorial scope of discrimination law and it has been left to the courts and tribunals to provide guidance.
• Employees are protected from discrimination throughout all stages of employment, from engagement to dismissal, including not being subjected to any other detriment.
• Employees are also protected against an act of discrimination committed after the employment relationship has ended.
• An employer is vicariously liable for acts of discrimination or victimisation carried out by its employees in the course of their employment unless it can show that it took all reasonable steps to prevent the unlawful act.
• A principal is liable for any discriminatory acts carried out by its agents with its authority.
• Employees and agents may be personally liable for any discriminatory acts that they commit.
• Other bodies that may be liable for discriminatory acts include pension scheme trustees and managers.
• It is unlawful to instruct, cause or induce or knowingly help another person to commit an act of discrimination against a third person.