Union liable for non-employee officers

An important reminder that organisations can be liable for the discriminatory acts of their officers and officials as well as their employees was issued by the Employment Appeal Tribunal in Nailard v Unite the Union (UKEAT/0300/15/BA).

Sally Nailard was a regional official employed by Unite the Union. Two Unite officers employed at Heathrow subjected her to sexual harassment. She complained and the union decided to deal with her complaint by offering her a move to a different region. She resigned and claimed she had been constructively dismissed and subjected to sexual discrimination. At first instance, the employment tribunal held that the lay union officers were employees of the union, and went on to find that Ms Nailard had been sexually harassed and unfairly dismissed. The union appealed.

The EAT held that the lay officers were not employees but were authorised agents of the union. It also held that the ET had not considered whether the union’s decision to relocate Nailard was in itself an act of sex discrimination. It remitted the case to the same tribunal for reconsideration.