Can a claim for sex discrimination be brought against another employee alone and without also bringing a claim against the employer? Yes it can.
Most sex discrimination claims in the Employment Tribunal are brought against either the employer alone or the employer and the individual said to have discriminated. This is because an employer is nearly always vicariously liable for the discrimination and has the money to pay the compensation.
But, ‘nearly always’ is not the same as always. Employers have a statutory defence enabling them to avoid vicarious liability if they can show they took all reasonable steps to prevent discrimination. And sometimes the claim cannot be brought against the employer at all. The case of Hurst v Kelly UKEAT/0167/13/DM is an interesting example of this situation. Continue reading
Can a second claim for harassment be brought after a first one has been found to be out of time even where there are new incidents which are in time? In what might seem like a rather harsh recent decision, the answer was no.
In Agbenowossi-Koffi v Donvand Ltd t/a Gullivers Travel Associates UKEAT/0337/12/DM the claimant who was of black African origin complained in November 2009 that her supervisor had racially harassed her (the original complaint). In June 2011, she started proceedings in the Employment Tribunal. Continue reading