Part 8Prohibited conduct: ancillary
108Relationships that have ended
1
A person (A) must not discriminate against another (B) if—
a
the discrimination arises out of and is closely connected to a relationship which used to exist between them, and
b
conduct of a description constituting the discrimination would, if it occurred during the relationship, contravene this Act.
2
A person (A) must not harass another (B) if—
a
the harassment arises out of and is closely connected to a relationship which used to exist between them, and
b
conduct of a description constituting the harassment would, if it occurred during the relationship, contravene this Act.
3
It does not matter whether the relationship ends before or after the commencement of this section.
4
A duty to make reasonable adjustments applies to A F1if B is placed at a substantial disadvantage as mentioned in section 20.
5
For the purposes of subsection (4), sections 20, 21 and 22 and the applicable Schedules are to be construed as if the relationship had not ended.
6
For the purposes of Part 9 (enforcement), a contravention of this section relates to the Part of this Act that would have been contravened if the relationship had not ended.
7
But conduct is not a contravention of this section in so far as it also amounts to victimisation of B by A.
109Liability of employers and principals
1
Anything done by a person (A) in the course of A's employment must be treated as also done by the employer.
2
Anything done by an agent for a principal, with the authority of the principal, must be treated as also done by the principal.
3
It does not matter whether that thing is done with the employer's or principal's knowledge or approval.
4
In proceedings against A's employer (B) in respect of anything alleged to have been done by A in the course of A's employment it is a defence for B to show that B took all reasonable steps to prevent A—
a
from doing that thing, or
b
from doing anything of that description.
5
This section does not apply to offences under this Act (other than offences under Part 12 (disabled persons: transport)).
110Liability of employees and agents
1
A person (A) contravenes this section if—
a
A is an employee or agent,
b
A does something which, by virtue of section 109(1) or (2), is treated as having been done by A's employer or principal (as the case may be), and
c
the doing of that thing by A amounts to a contravention of this Act by the employer or principal (as the case may be).
2
It does not matter whether, in any proceedings, the employer is found not to have contravened this Act by virtue of section 109(4).
3
A does not contravene this section if—
a
A relies on a statement by the employer or principal that doing that thing is not a contravention of this Act, and
b
it is reasonable for A to do so.
4
A person (B) commits an offence if B knowingly or recklessly makes a statement mentioned in subsection (3)(a) which is false or misleading in a material respect.
5
A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
Part 9 (enforcement) applies to a contravention of this section by A as if it were the contravention mentioned in subsection (1)(c).
7
The reference in subsection (1)(c) to a contravention of this Act does not include a reference to disability discrimination in contravention of Chapter 1 of Part 6 (schools).
111Instructing, causing or inducing contraventions
1
A person (A) must not instruct another (B) to do in relation to a third person (C) anything which contravenes Part 3, 4, 5, 6 or 7 or section 108(1) or (2) or 112(1) (a basic contravention).
2
A person (A) must not cause another (B) to do in relation to a third person (C) anything which is a basic contravention.
3
A person (A) must not induce another (B) to do in relation to a third person (C) anything which is a basic contravention.
4
For the purposes of subsection (3), inducement may be direct or indirect.
5
Proceedings for a contravention of this section may be brought—
a
by B, if B is subjected to a detriment as a result of A's conduct;
b
by C, if C is subjected to a detriment as a result of A's conduct;
c
by the Commission.
6
For the purposes of subsection (5), it does not matter whether—
a
the basic contravention occurs;
b
any other proceedings are, or may be, brought in relation to A's conduct.
7
This section does not apply unless the relationship between A and B is such that A is in a position to commit a basic contravention in relation to B.
8
A reference in this section to causing or inducing a person to do something includes a reference to attempting to cause or induce the person to do it.
9
For the purposes of Part 9 (enforcement), a contravention of this section is to be treated as relating—
a
in a case within subsection (5)(a), to the Part of this Act which, because of the relationship between A and B, A is in a position to contravene in relation to B;
b
in a case within subsection (5)(b), to the Part of this Act which, because of the relationship between B and C, B is in a position to contravene in relation to C.
112Aiding contraventions
1
A person (A) must not knowingly help another (B) to do anything which contravenes Part 3, 4, 5, 6 or 7 or section 108(1) or (2) or 111 (a basic contravention).
2
It is not a contravention of subsection (1) if—
a
A relies on a statement by B that the act for which the help is given does not contravene this Act, and
b
it is reasonable for A to do so.
3
B commits an offence if B knowingly or recklessly makes a statement mentioned in subsection (2)(a) which is false or misleading in a material respect.
4
A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5
For the purposes of Part 9 (enforcement), a contravention of this section is to be treated as relating to the provision of this Act to which the basic contravention relates.
6
The reference in subsection (1) to a basic contravention does not include a reference to disability discrimination in contravention of Chapter 1 of Part 6 (schools).