ABSTRACT
Section 42 of the SDA 1975, s 32 of the RRA 1976, and regulation 23 of either the Religion or Belief, or Sexual Orientation, Regulations,194 make it unlawful ‘knowingly’ to aid another person to do an act of unlawful discrimination. Under s 42(2), s 32(2) or reg 23(2), the individual discriminator is deemed to aid the doing of the act by the employer. This means that individual liability for aiding an unlawful act depends upon the direct liability of the employer. This is particularly problematic in harassment cases, as it means that the individual harasser can only be liable under anti-discrimination legislation if the employer is also deemed to be liable. Where the employer is liable, the individual employee may also be personally liable.195 There is, however, a defence if the alleged aider has reasonably relied on an assurance from the person alleged to be being aided that the act in question does not amount to unlawful discrimination.196
