May 7th, 2024 by James Goudie KC

Part 8 of the Equality Act 2010 ( Sections 108-112 inclusive ) contains ancillary provisions about liability of employers and principals ( Section 109 ) and liabilities of employees and agents ( Section 110 ). In BALDWIN v CLEVES SCHOOOL ( 2024 ) EAT 66 the School was held liable under Section 209, and it is held that if the conditions for individual liability on the part of an individual employee or agent as set out in Section 110 are satisfied then a contravention of Section 110 must be found. There is no discretion.

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