X First v Y Second Respondent: Z — 2019

X brought allegations of harassment and victimisation against Y, and a separate victimisation allegation against Z said to arise from delay in dealing with her grievance. This reserved judgment, heard at Leeds on 2 June 2020 and 5 June 2020, dealt only with the preliminary issue whether Z could rely on the s.109(4) Equality Act 2010 'all reasonable steps' defence to avoid liability for Y's alleged acts.

The Tribunal accepted that the council had adopted relevant policies on equality and diversity, dignity and respect at work, disciplinary matters, and electronic communications; that those documents were available on the intranet; that induction materials and managers' expectations were designed to make employees aware of them; that Y had been issued with the employee handbook and the electronic communications policy; that he had completed an 'equality essentials' e-learning module; and that the council had arrangements for policy review and handling complaints.

However, the Tribunal held that the council had not shown it took all reasonable steps because it should have required Y to confirm in some way that he had read and understood the employee handbook, the electronic communications policy, and the dignity and respect policy. On that basis the s.109(4) defence failed. The Tribunal said the council could be liable for Y's conduct if it later proved to amount to unlawful harassment and victimisation, but the substantive allegations, and the separate grievance-delay allegation against Z, were left to be decided at a further hearing.