Posted by Gemma Ospedale, Partner
Discrimination and identifying an agent
In Kemeh v Ministry of Defence the Court of Appeal has confirmed that common law principles should be used when determining whether an individual is an agent for the purposes of discrimination legislation. The leading authority of Yearwood v Metropolitan Police Commission remains good law, namely that while the employee of one person can also be the agent of another, there must be very strong evidence to support the contention that the duties of the employee were being undertaken as the agent for the other party. Here, there was no evidence to demonstrate the submission that a sub contractor’s employee was acting as an agent for the Claimant’s employer. This was recognised by the Court as potentially leaving the Claimant without a remedy in respect of an act of race discrimination committed by that employee.