The employer’s liability for discrimination and harassment 


Under the EA 10, an employer is liable for all unlawful acts by their employees in the course of employment, whether or not the employer knows about these acts. The legal term for this kind of liability is “vicarious liability”. It is irrelevant that the employer did not condone or authorise the acts complained of. 


The employer’s liability for acts of discrimination by their employees was established in the leading case of Raymondo Jones v The Tower Boot Company Limited [1997] IRLR 158. In this case, a young worker of mixed race in his first job was subjected to appalling levels of racist abuse by fellow workers. The Court of Appeal confirmed that discrimination 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 that the employer would not have authorised or condoned discrimination, harassment or victimisation if they had known about it.