ET has no discretion not to make a finding of liability against named respondents when the statutory test is met

In Baldwin v (1) Cleves School, (2) Hodges, (3) Miller [2024] EAT 66 the employment tribunal had found the respondent employer liable for acts carried out by the two individual respondents. However, it dismissed separate claims against the individual respondents brought under section 110 of the Equality Act 2010 (EqA 2010), on the basis that it found their acts were misguided attempts to address a complex situation.

The EAT held that there had been an error of law because:

• a contravention of EqA 2010, s 110 arises if A is an employee, A does a discriminatory act in the course of their employment, that act amounts to a contravention of EqA 2010 by the employer and none of the express exceptions in s 110 apply;
• s 110 confers no discretion on an employment tribunal not to find a contravention of that section if the conditions for individual liability under it are met (as they were in this case).

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Formed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law is a progressive set of barristers’ chambers, consisting only of experienced employment law barristers, offering a full range of specialist advisory, case management, and advocacy services directly to the public through the Public Access scheme. We supply our legal services exclusively in the area of Employment Law to clients located across England & Wales. All of the legal services we supply are covered by professional indemnity insurance with Bar Mutual.