Part 8Prohibited conduct: ancillary
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).