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module menu icon Who is liable?

Who is responsible for any breaches in the Equality Act? Both employees and employers can be held responsible and liable for their actions when the act is breached.

All employees are responsible for their action during their employment if they discriminate against, harass or victimise a colleague because of a protected characteristic. The behaviour might occur at work, or at a time and place associated with work such as social occasion, or even through social media.

An employer will also be liable for the actions of its staff. This aspect of liability is known as secondary liability. So if an employee discriminates against another employee because of a protected characteristic, it could also still be held responsible.

Employers will need to take reasonable steps to prevent discrimination, harassment and victimisation. This can be through having an equality policy, providing equality and diversity training and how any complaints are dealt with.

It is important to remember that an employer can be fined an unlimited amount at an employee tribunal if they are liable for discrimination.