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
  • 29 October 2026
  • Immigration

UK Immigration shake-up: More flexibility for skilled workers, but at what cost?

The UK Government has outlined further changes to its immigration system, with new measures affecting international graduates, sponsored workers, and businesses employing overseas talent.

art
  • 28 October 2026
  • Privacy and Data Protection

Remote working: 5 key data protection risks for employers

Remote working has become more prominent in modern business. While flexible working arrangements can improve productivity and employee wellbeing, they also create new data protection risks. Regardless of the physical location in which work is done, compliance with UK GDPR does not change.

art
  • 27 October 2026
  • Employment

Fire and Rehire update: Key changes delayed

The Government has published two documents giving key updates to the anticipated changes around ‘fire and rehire’ and restricted contractual variations, coming about as a result of the Employment Rights Act 2025 (“ERA 2025”). We now understand that these changes will now be delayed to March, rather than January 2027.

art
  • 26 October 2026
  • Corporate and M&A

Shareholders’ Agreements for Founders and Investors – SHA Series Part 3 of 5

A shareholders’ agreement is arguably one of the most valuable corporate governance agreements (along with articles of association) in any private UK company with more than one shareholder.

art
  • 23 October 2026
  • Litigation and dispute resolution

Section 172 Companies Act 2006: Key lessons from Saxon Woods v Costa

The Supreme Court’s decision in Saxon Woods v Costa UKSC 21 clarifies directors’ duties under Section 172 Companies Act 2006, confirming that good faith requires both honest belief and appropriate conduct.

art
  • 19 October 2026
  • Immigration

Right to Work Checks: Are UK businesses becoming immigration enforcement officers?

The UK’s Right to Work regime has undergone a significant expansion, with changes taking effect from 1 October 2026.