2 August 2011

Supplementary guide on Agency Workers Regulations

The Department for Education (DfE) has published a supplementary guide for agency workers who are supply teachers.

The guide is available at the DfE website.

Avoiding liability for a discriminatory act

An employer will avoid liability for a discriminatory act if it took reasonable steps to prevent the act - before the act was committed by a worker.

But the employer will be liable for a discriminatory act - if it took those steps - after the act had been committed by a worker: Fox v Ocean City Recruitment Ltd [EAT/0035/11].

Further information about how an employer can avoid liability for a discriminatory act can be found in paragraphs 10.50 – 10.52 of the Equality Act 2010: Employment Statutory Code of Practice.

Tribunal had no jurisdiction to hear discrimination claim

Mr Martin was employed by Waltham Forest (WF). He also lived in WF. WF prosecuted Mr Martin for making fraudulent claims for housing benefit and council tax benefit.

Mr Martin claimed that WF’s decision to prosecute him (instead of imposing an administrative penalty on him) amounted to unlawful racial discrimination.

The EAT held that WF’s decision to prosecute Mr Martin (instead of imposing an administrative penalty on him) was not an act of discrimination in the employment field. Therefore, the tribunal had no jurisdiction to hear Mr Martin’s claim.

London Borough of Waltham Forest v Martin [EAT/0069/11]