Sex Discrimination against a fellow employee
by Sarah
When training management of employer clients on discrimination, there are many things that come as a surprise to managers. One such thing is that an employee could join them as a Respondent since they were the perpretator of the discrimination as well as bringing the Claim against the Company who would be vicariously liable for their actions. In fact nothing guarantees a more alert audience than at that particular time!
Earlier this month I was carrying out this training for one client and was asked well does that really happen? I answered rarely and not frequently in the Claims I deal with. Often the Company is a better bet although it is still a risk for the employee and they shoudl modify their behaviour accordingly. I notice on the EAT website today there is one such case where a Fire Master employed by a Fire Board was joined by the Claimant to the Board in a claim for sex discrimination. The case is a Scottish one but shows this can happen.
At a pre-hearing review the Tribunal refused his motion to exclude him from the Claim as an individual respondent. He appealed but this was not upheld, as the Claimant had set out an arguable case for sex discrimination against him. You can read more here
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