Individual liability

Case 7: The facts

Mr Reilly brought claims of unfair dismissal and sex discrimination against his employer and against his manager as an individual, saying he was treated less favourably than a woman would have been in similar circumstances.

The question on appeal was whether Reilly’s manager was individually liable for the sex discrimination claim.

The ruling

The Employment Appeal Tribunal held that Reilly could pursue his claim against his manager. If a colleague acts in the course of his/her employment in a way that discriminates against the claimant, this is unlawful under the Sex Discrimination Act even if s/he does not know it amounts to discrimination.

Allaway v Reilly & Lothian & Borders Fire Board UKEATS/ 0054/06 ([2007] IRLR 864)