Your Employer's responsibility for the actions of others

It is not just how your employer personally behaves that matters.

If another person who is:

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

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

This part of the guide explains:

  • When your employer can be held legally responsible for someone else’s unlawful discrimination, harassment or victimisation
  • How your employer can reduce the risk that they will be held legally responsible
  • When workers employed by your employer or your employer's 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 an employer tries to stop equality law applying to a situation 

More information

Last Updated: 28 Feb 2014