In Barlow v Stone the EAT ruled that under pre-Equality Act discrimination legislation, an employment tribunal had jurisdiction to entertain a claim brought solely against a fellow employee, where that individual was alleged to have committed the discriminatory act in the course of his employment, even though no claim had been brought against the employer. The EAT’s reasoning strongly suggests that the position is the same under the Equality Act 2010, even though the wording of the relevant provisions under the Act is different.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
