Is an employer liable where an agency worker harasses one of its direct employees?

This was the subject of a recent EAT case Mahood v Irish Centre Housing Limited (UKEAT/0228/10/ZT. Mr Mahood, of Irish nationality, claimed he was harassed and called names by an agency worker working alongside him. In an important judgment, the EAT confirmed that a hirer will be liable for acts of harassment or discrimination by an agency worker done while working under the hirer’s control, as if the agency worker had been the hirer’s employee. This common sense approach is important given the now widespread use of agency workers. A hirer is also liable for harassment of agency workers by its own staff.