Equality and Human Rights Commission

Creating a fairer Britain

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    • When you are responsible for what other people do
      • When you can be held legally responsible for someone else’s unlawful discrimination, harassment or victimisation
      • How you can reduce the risk that you will be held legally responsible
      • How you can make sure your workers and agents know how equality law applies to what they are doing
      • When your workers or agents may be personally liable
      • What happens if a person instructs someone else to do something that is against equality law
      • What happens if a person helps someone else to do something that is against equality law
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When you are responsible for what other people do

As an employer or in another work situation, it is not just how you personally behave that matters.

If another person who is:

  • employed by you, or
  • carrying out your instructions to do something (who the law calls your agent) 

does something that is unlawful discrimination, harassment or victimisation, you can be held legally responsible for what they have done.

Pages in this section include:

When you can be held legally responsible for someone else’s unlawful discrimination, harassment or victimisation

How you can reduce the risk that you will be held legally responsible

How you can make sure your employees and agents know how equality law applies to what they are doing

When workers employed by you or your agents may be personally liable

What happens if a person instructs someone else to do something that is against equality law

What happens if a person helps someone else to do something that is against equality law

What happens if you try to stop equality law applying to a situation

For more information

Equality Act good practice guidance downloads

Get more advice and support

Protected characteristic's definitions

Glossary of terms

Codes of practice

View the current guidance and information for employers

Your responsibilities for staff behaviour

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  • Core guidance for employers 

Resources

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  • When you are responsible for what other people do
  • The duty to make reasonable adjustments for disabled people
  • What to do if someone says they've been discriminated against
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