Trade unions

Trade unions can be held vicariously liable for sexual harassment carried out by their employed officials during the course of their employment — which would include at union conferences and events — and also for acts done by workplace reps who are not employed by the union. This is because workplace reps are acting as “agents” of the union, which incurs liability under section 109(2) EA 10 while they are performing their roles as union representatives.

This was confirmed by the Court of Appeal in the case of Unite the Union v Nailard [2018] EWCA 1203. To minimise the risk of liability, unions need to implement clear and well-publicised policies, provide regular, up-to-date training for officials and reps, and respond quickly and effectively to any suspicions of unacceptable behaviour, even if no formal complaint has been made.

Chapter 6 looks in more detail at sexual harassment within the union movement and how unions are putting their own houses in order.