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Employment status of locally elected union official - Unite the Union v Nailard [EAT] 27.09.16 (Unreported)

Employment status – Trade unions – Sexual harassment. HELD that locally elected officials of a trade union were not in the union's employment for the purposes of the Equality Act 2010 s.109(1). However, the elected officials acted as agents for the union within s.109(2) and the union was liable for their sexual harassment of one of its employees. Failure by the union's paid officers to investigate and deal with sexual harassment and discrimination by the elected officials could not itself be regarded as sexual harassment and discrimination by the paid officers themselves without considering their individual states of mind.
Category: Employment » Employment status; Sexual harassment; Trade unions. Area(s) of law: Employment.

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