Unite the Union v Nailard

Subject Matter

DISCRIMINATION — Sex — Harassment — Claimant employed by union as regional officer — Claimant complaining of sex discrimination and harassment by elected officials at union meetings — Whether officials employed by union personally to do work — Whether officials agents of union — Whether union liable for acts of elected officials as employer or principal — Union failing to discipline officials and transferring claimant — Whether decision makers’ conduct “related to” sex — Equality Act 2010, ss 13(1), 26(1), 83(2), 109(1)(2)

UKEAT/300/15; [2017] ICR 121, EAT

DISCRIMINATION — Sex — Harassment — Claimant employed by union as regional officer — Claimant complaining of harassment by elected lay officials at union meetings — Whether officials agents of union — Whether union liable as principal for acts of elected lay officials — Union failing to discipline lay officials and transferring claimant — Whether conduct of employed decision-makers “because of” or “related to” sex — Whether union liable for direct sex discrimination and/or harassment — Equality Act 2010 (c 15), ss 13(1), 26(1), 40, 109(2)

[2018] EWCA Civ 1203; [2019] ICR 28; [2018] WLR (D) 342, CA

Appellate History