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

art
  • 28 October 2025
  • Immigration

Supplementary Employment: When is it Allowed under UK Immigration Rules?

This article provides a guidance to understanding the rules on supplementary employment in the UK.

art
  • 24 October 2025
  • Commercial Real Estate

Navigating the building regulations regime in commercial property transactions

Building control is said to be one of the earliest forms of local government in England, with the modern building regulations progressing in the aftermath of the Great Fire of London.

art
  • 23 October 2025
  • Employment Rights Bill

Government launches Employment Rights Bill consultations – key changes employers need to know

The Employment Rights Bill is a draft law set to significantly expand workers’ rights. The Government has now launched the first round of consultations.

art
  • 23 October 2025
  • Privacy and Data Protection

AI and Data Protection – Is Fair and Transparent Privacy Possible?

We live in a digital world. Every facet of daily life is governed to some degree by phone, web or some form of connected technology.

art
  • 16 October 2025

Chambers and Partners 2026: Clarkslegal’s continued commitment to excellence

Clarkslegal is delighted to announce that we have once again been recognised by Chambers and Partners as a leading firm in their 2026 guide.

art
  • 15 October 2025
  • Immigration

Registering a child as a British Citizen: A guide to section 3(1) applications

This article explains the process of registering a child as a British citizen under section 3(1), including the eligibility criteria, the Home Office approach, and key factors that influence whether an application is approved.