Equality Act 2010, section 111

Instructing, causing or inducing contraventions

Part 8 Prohibited conduct: ancillary

(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.

Definitions used in section 111 2

detriment

“detriment” does not, subject to subsection (5), include conduct which amounts to harassment;

Defined in s.212(1) · see it in the full Act
the Commission

“the Commission” means the Commission for Equality and Human Rights;

Defined in s.212(1) · see it in the full Act

Cases considering section 111 18

Allison Bailey v Stonewall Equality Ltd & Ors

[2025] EWCA Civ 1662 · 18 December 2025Interprets

Construes section 111 as an ancillary prohibition requiring separate analyses of causing, inducing and attempted conduct. Its meaning is determined objectively in statutory context and in light of the Act’s purpose. (see paras [3]; [59]; [75]-[80]) Treats the established discriminatory acts of Garden Court Chambers as basic contraventions capable of engaging section 111 liability. Their occurrence was common ground. (see paras [9]; [11]; [25]) Interprets section 111(2) as imposing a two-stage inquiry. But-for causation is a threshold; the court must then assess causal potency, statutory purpose, legal filters and whether liability is fair, reasonable and just. (see paras [72]-[81]) Construes inducement as persuasion, prevailing upon or bringing about. It requires at least deliberate conduct directed towards action; a protest without a specific aim did not satisfy the provision. (see paras [85]-[90]) Applies the qualifying-relationship requirement. It was common ground that Stonewall provided services to Garden Court Chambers and was in the relevant position for section 111 purposes. (see para [10]) Applies the extension covering attempts to cause or induce a basic contravention. Because Stonewall’s communication was merely a protest, it was neither an attempt to cause nor an attempt to induce discrimination. (see paras [84]; [90])

Jack Truman v SPL Powerlines UK Limited & Ors

[2026] EAT 54 · 1 May 2026Interprets

The provision concerns proceedings for the statutory torts in section 111 and the basic contravention to be committed by the induced person. It does not affect satisfaction of the relationship condition in section 111(7). (see paras [132]-[140]) The words “in relation to B” mean against B. The relationship between the alleged instigator and the induced person must therefore be one in which the former can commit a basic contravention against the latter. (see paras [135]-[140])

CHO, R (on the application of) v Governing Body of Lonsdale School & Ors

[2026] EWHC 166 (Admin) · 30 January 2026

The provision did not support the claimant’s discrimination claim because the School’s conduct was accepted not to amount to direct or indirect discrimination. The local authority’s advice therefore could not be characterised as instructing, causing or inducing discriminatory conduct by the School. (see para [104])

2 more judgments, and what each says about section 111, are in the case-law panel in the full Act.

Explanatory note

363.This section makes it unlawful for a person to instruct, cause or induce someone to discriminate against, harass or victimise another person, or to attempt to do so.

364.It provides a remedy for both the recipient of the instruction and the intended victim, whether or not the instruction is carried out, provided the recipient or intended victim suffers a detriment as a result.

365.However, the section only applies where the person giving the instruction is in a relationship with the recipient of the instruction in which discrimination, harassment or victimisation is prohibited.

366.The Equality and Human Rights Commission can enforce this section using its statutory powers under the Equality Act 2006. Equally, both the recipient of the instruction and the intended victim can bring individual claims for breach of this section against the person giving the instructions, so long as they have suffered a detriment as a result. A claim brought by the recipient of the instruction will be dealt with in the same forum (employment tribunal or county courts) as a direct claim for discrimination, harassment or victimisation against the person giving the instruction would be. A claim brought by the intended victim against the person giving the instruction will be dealt with in the same forum as a claim for discrimination, harassment or victimisation against the person carrying out the instruction would be.

367.This section replaces provisions in previous legislation in relation to race, sex, gender reassignment, pregnancy and maternity, age (within the workplace) disability (within the workplace), religion or belief (outside the workplace) and sexual orientation (outside the workplace). It extends protection to all protected characteristics in all areas covered by the Act and allows the Equality and Human Rights Commission to bring enforcement proceedings in relation to any action in breach of the section. (Previously, the Equality and Human Rights Commission’s enforcement powers were not uniform even between the protected characteristics and fields where there were provisions on instructions to discriminate.) The provision expressly allowing persons instructed to bring proceedings is new (other than in relation to age within the workplace where such provision already exists), and is designed to codify the current position in common law (see Weathersfield v Sargent [1999] IRLR 94). The provision expressly allowing the intended victim to bring proceedings, even where the instruction is not carried out, is also new and is designed to ensure greater clarity about the protection than under previous legislation.

All the explanatory notes for the Act