The employer’s liability for discrimination and harassment

Under the EA 10, an employer is liable for all unlawful acts committed by their employees in the course of employment, whether or not the employer knows about these acts. It does not matter that the employer did not condone or authorise the acts complained of. This was established in Raymondo Jones v The Tower Boot Company Limited ([1997] IRLR 158), a case in which a young worker of mixed race in his first job was subjected to appalling levels of racist abuse by his fellow workers. The Court of Appeal confirmed that discrimination that takes place during the course of employment is always the employer’s responsibility, unless reasonable steps have been taken to stop it. It is never an excuse to suggest that the employer would not have authorised or condoned the behaviour.