Discrimination claims in the Employment Tribunal

Many employers are aware that an employee can pursue a claim for discrimination on the basis of one or more of the following protected characteristics:

  • age
  • gender reassignment
  • being married or in a civil partnership
  • pregnancy or maternity discrimination;
  • race including colour, nationality, ethnic or national origin
  • religion or belief
  • sex
  • sexual orientation
  • disability

The reputational risk of having an Employment Tribunal determine that discrimination has taken place is very high for businesses and organisation, and this is usually one of the main motivations behind settling claims before they reach a final hearing.

What is lesser known about discrimination claims is that a claim can also be brought against the individual employee or multiple employees who are alleged to have committed the alleged acts of discrimination, in addition to the employer.

In these circumstances, the implications on individual employees could also be severe.

In the recent case of Baldwin v Cleves School and Others [2024] EAT 66  the Employment Appeal Tribunal (“EAT”)looked at the question of liability in relation to the individuals named in the claim.

The employee in this case pursued claims for direct discrimination and discrimination arising from a disability against both their employer and two employees. The Employment Tribunal determined that the employer was liable for the discriminatory acts which the individual employees had committed. However, despite concluding that the individuals had committed discriminatory acts, the Tribunal determined that the individuals were not liable for disability-related harassment.

The employee appealed to the EAT who concluded that the individuals were indeed liable for disability discrimination. In addition, the EAT stated that the only way an individual will not be liable for discriminatory conduct, where it is found that the employer is liable, is if the individual has been informed by the employer that the conduct is lawful, and the individual has a reasonable belief that this is the case.

The EAT’s judgement will make it difficult for individual respondents to argue they are not liable for discriminatory acts where the employer has been found to be liable. As a result, individuals need to be aware of the potential repercussions of a claim being pursued against them.

From an employer’s point of view, they need to be mindful that they are liable for the acts of their employee’s and so must ensure any allegation of discrimination is dealt with appropriately to minimise the risk to the business.

If you would like any additional information or have any queries, please do not hesitate to contact us on 01983 897003.

We can also offer training to managers and other staff which will assist them in handling such complaints.

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The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.


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