Search

How can we help?

Icon

Elected Union Officials were agents under the Equality Act

The Employment Appeal Tribunal has decided that two elected workplace union officials, despite not being the union’s employees, were its agents and therefore the union could be held liable for their acts of discrimination against an employee.

The case of Unite the Union v Nailard, concerned the sexual harassment of a female union employee by two elected male union officials. The officials were actually employed by Heathrow Airport Ltd, which had an agreement with Unite that they could work full time on union duties. The two officials were authorised to act on the union’s behalf by holding branch meetings, representing members and liaising with paid officers of the union, including the claimant. The harassment and bullying were found to have occurred within the course of these duties. Unite’s defence that they could not be liable for the officers’ acts of discrimination as they were contrary to union policy was rejected.

The case reinforces that under the Equality Act 2010, a business can be liable for the discriminatory acts of not just its employees but also anyone acting as its agent with its authority, where the agent discriminates in the course of carrying out the functions they are authorised to do. This could include consultants, recruitment agencies or agency workers, contractors or their employees.

The case of Unite the Union v Nailard, concerned the sexual harassment of a female union employee by two elected male union officials.

A business cannot avoid liability by merely informing individuals, who carry out tasks and functions on its behalf, that they must not do anything against equality law. To minimise the risk, businesses should consider extending equality and diversity training to those who could be considered their agent.

For factsheets, letters, policies and checklists on discrimination please visit employmentbuddy.com
For further information on how we can support you with discrimination and equality issues, please contact contact@employmentbuddy.com

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

Pub
  • 28 August 2026
  • Immigration

Right to Work and Sponsor Licence Changes 2026: Key dates for businesses

In this podcast, immigration solicitors Ruth Karimatsenga and Monica Mastropasqua discuss the key immigration compliance changes coming into force in September and October 2026 and what employers, HR teams, sponsors and individuals should do to prepare.

art
  • 28 August 2026
  • Commercial Real Estate

Modernising security of tenure: The Law Commission’s follow up consultation paper

On 16th June 2026, the Commission published its second consultation paper: Business Tenancies: the right to renew – modernising security of tenure.

Pub
  • 27 August 2026
  • Litigation and dispute resolution

The Highly Expedited Arbitration Provisions – ICC Rules 2026 – Factsheet

This factsheet provides an overview of the ICC’s Highly Expedited Arbitration Provisions (HEAP), outlining some of the key procedural features introduced by Appendix VI of the 2026 Rules and the potential benefits of this new expedited process.

art
  • 27 August 2026
  • Corporate and M&A

EMIs – April 2026 changes explained

On 6 April 2026 the Enterprise Management Incentive scheme (EMI) was expanded to make EMIs accessible to a wider range of businesses.

art
  • 19 August 2026
  • Employment

Managing employee redundancies: Frequently asked questions (FAQs)

Redundancy should be an employer’s last option when restructuring their business. There are necessary steps that should be taken to ensure that redundancy is the best move forward

art
  • 18 August 2026
  • Immigration

Home Office curtailment of Sponsored Workers’ permission: Why employers and employees must act quickly

The Home Office has recently changed the speed at which it processes sponsor notifications following the end of a sponsored worker’s employment.