Equality Act 2010, section 110

Liability of employees and agents

Part 8 Prohibited conduct: ancillary

(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.

[F100 (5A)A does not contravene this section if A—

(a)does not conduct a relevant marriage,

(b)is not present at, does not carry out, or does not otherwise participate in, a relevant marriage, or

(c)does not consent to a relevant marriage being conducted,

for the reason that the marriage is the marriage of a same sex couple.

(5B) Subsection (5A) applies to A only if A is within the meaning of “person” for the purposes of section 2 of the Marriage (Same Sex Couples) Act 2013 ; and other expressions used in subsection (5A) and section 2 of that Act have the same meanings in that subsection as in that section. F100]

[F101 (5BA)If A is a protected person, A does not contravene this section if A—

(a) does not allow religious premises to be used as the place at which two people register as civil partners of each other under Part 2 of the Civil Partnership Act 2004 (“the 2004 Act”), or

(b)does not provide, arrange, facilitate or participate in, or is not present at—

(i)an occasion during which two people register as civil partners of each other on religious premises under Part 2 of the 2004 Act, or

(ii)a ceremony or event in England or Wales to mark the formation of a civil partnership,

for the reason that the person does not wish to do things of that sort in relation to civil partnerships generally, or those between two people of the same sex, or those between two people of the opposite sex.

(5BB)In subsection (5BA)—

  • “protected person” has the meaning given by section 30ZA(2) of the 2004 Act;

  • “religious premises” has the meaning given by section 6A(3C) of the 2004 Act. F101]

[F102 (5C)A does not contravene this section by refusing to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex.

[F103 (5CA)A does not contravene this section by refusing to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the opposite sex who are in a civil partnership with each other.F103]

(5D)A does not contravene this section by refusing to register a relevant Scottish civil partnership for the reason that [F104 A does not wish to register civil partnerships generally, or those between two persons of the same sex, or those between two persons of the opposite sexF104] .

(5E)Subsections (5C)[F105 , (5CA)F105] and (5D) apply only if A is an approved celebrant.

(5F)Expressions used in subsections (5C) to (5E) have the same meaning as in paragraph 25B of Schedule 3.

(5G)A chaplain does not contravene this section by refusing to solemnise a relevant Scottish forces marriage for the reason that the marriage is the marriage of two persons of the same sex.

(5H)Expressions used in subsection (5G) have the same meaning as in paragraph 25C of Schedule 3.F102]

(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).

Definitions used in section 110 4

contravention of this Act

(9)A reference to a contravention of this Act does not include a reference to a breach of an equality clause or rule, unless there is express provision to the contrary.

Defined in s.212(9) · see it in the full Act
relevant Scottish marriage

(9D) In sub-paragraphs (9A) to (9C), “approved celebrant”, “relevant Scottish marriage” and “relevant Scottish civil partnership” have the same meaning as in paragraph 25B of Schedule 3.

Defined in Sch.23 para.2(9D) · see it in the full Act
relevant Scottish civil partnership

(9D) In sub-paragraphs (9A) to (9C), “approved celebrant”, “relevant Scottish marriage” and “relevant Scottish civil partnership” have the same meaning as in paragraph 25B of Schedule 3.

Defined in Sch.23 para.2(9D) · see it in the full Act
approved celebrant

(9D) In sub-paragraphs (9A) to (9C), “approved celebrant”, “relevant Scottish marriage” and “relevant Scottish civil partnership” have the same meaning as in paragraph 25B of Schedule 3.

Defined in Sch.23 para.2(9D) · see it in the full Act

(2) In sub-paragraph (1) “approved celebrant” has the meaning given in section 8(2)(a) of the Marriage (Scotland) Act 1977 (persons who may solemnise marriage) .

Defined in Sch.3 para.25(2) · see it in the full Act

(4) In sub-paragraph (3) “approved celebrant” has the meaning given in section 94A(4)(a) of the Civil Partnership Act 2004 .

Defined in Sch.3 para.25(4) · see it in the full Act

Cases considering section 110 20

Amedeo Fasano v Reckitt Benckiser Group PLC & Anor

[2025] EWCA Civ 592 · 7 May 2025

Provides for the liability of an employee or agent where the act is treated under section 109 as done by the employer or principal and amounts to a contravention. The court confirmed that the absence of agency meant that section 110 could not operate on the pleaded basis (see paras [52], [62], [76]). Identifies when an employee or agent contravenes the provision. The judgment reproduced subsection (1), but its operative conclusion was that the absence of agency meant the statutory attribution and liability route was unavailable (see paras [11], [52], [62]).

Blackwood v Birmingham & Solihull Mental Health NHS Foundation Trust

[2016] EWCA Civ 607 · 23 June 2016

Where section 109(2) applies, section 110(1) can make the agent personally liable on the back of the principal’s contravention. In an atypical placement agency case, both university and provider may therefore be liable, but the forum remains determined by the underlying section 55 claim. (see paras [57]; [61])

C Merriman v 1st Staff Limited & Ors

[2026] EAT 128 · 4 August 2026

Applies to impose potential personal liability on an employee or agent where an act attributed to the employer or principal under section 109 amounts to a contravention. The individual claims were not barred as a matter of law. (see paras [11]; [14]) Applies where an employee or agent does something attributed under section 109 and that act amounts to a contravention by the employer or principal. (see paras [11]; [14]) Confirms that an employer’s failure to contravene the Act because of the section 109(4) defence does not itself prevent an employee from contravening section 110. (see para [11])

3 more judgments, and what each says about section 110, are in the case-law panel in the full Act.

Explanatory note

359.This section makes an employee personally liable for unlawful acts committed in the course of employment where, because of section 109, the employer is also liable - or would be but for the defence of having taken all reasonable steps to prevent the employee from doing the relevant thing. An agent would be personally liable under this section for any unlawful acts committed under a principal’s authority. However, an employee or agent will not be liable if he or she has been told by the employer or principal that the act is lawful and he or she reasonably believes this to be true.

360.Subsections (4) and (5) make it an offence, punishable by a fine of (currently) up to £5,000, if an employer or principal knowingly or recklessly makes a false statement about the lawfulness of doing something under the Act.

361.This section does not apply to discriminatory acts done by an employee or agent because of disability in relation to schools, because claims for disability discrimination in schools cannot be enforced against individuals.

362.This section incorporates some of the elements in the “Aiding unlawful acts” provisions in previous discrimination legislation. It takes a more direct approach and unlike the previous provisions it is not necessary to show that the employee or agent knew that the act was unlawful.

All the explanatory notes for the Act

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F100S. 110(5A)(5B) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), ss. 2(5), 21(3); S.I. 2014/93, art. 3(a)
  2. F101S. 110(5BA)(5BB) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 10(2)
  3. F102S. 110(5C)-(5H) inserted (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 5 para. 19(4)
  4. F103S. 110(5CA) inserted (27.1.2022) by The Civil Partnership (Scotland) Act 2020 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Modifications) Order 2022 (S.I. 2022/74), art. 1, Sch. 1 para. 3(2)(a)
  5. F104Words in s. 110(5D) substituted (27.1.2022) by The Civil Partnership (Scotland) Act 2020 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Modifications) Order 2022 (S.I. 2022/74), art. 1, Sch. 1 para. 3(2)(b)
  6. F105Word in s. 110(5E) inserted (27.1.2022) by The Civil Partnership (Scotland) Act 2020 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Modifications) Order 2022 (S.I. 2022/74), art. 1, Sch. 1 para. 3(2)(c)