Equality Act 2010, section 112

Aiding contraventions

Part 8 Prohibited conduct: ancillary

(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).

Cases considering section 112 18

Adrian Arvunescu v Quick Release (Automotive) Limited

[2022] EWCA Civ 1600 · 6 December 2022

The court applied section 112 to characterise the claim as an allegation that the respondent knowingly helped a separate company victimise the appellant. Because the protected act relied on proceedings concerning the appellant’s former employment, the section 112 claim was indirectly connected with that employment and fell within the COT3 settlement. (see paras [15]; [17]; [20])

Jack Truman v SPL Powerlines UK Limited & Ors

[2026] EAT 54 · 1 May 2026Interprets

Knowingly helping another to commit a basic contravention does not itself establish the relationship required by section 111(7). The provision concerns help given to the principal contravener, not a contravention against that person. (see paras [137]-[142])

L Akester & Ors v Burlington Care (Yorkshire) Ltd & Ors

[2025] EAT 111 · 31 July 2025Interprets

Knowingly helping is a distinct form of liability from instructing, causing or inducing, and requires assistance with the principal act. The issue of non-binding Guidance which accurately described the law and left implementation to managers could not arguably constitute knowingly helping an employer’s discrimination. (see paras [129]-[136])

3 more judgments, and what each says about section 112, are in the case-law panel in the full Act.

Explanatory note

368.This section makes it unlawful for a person to help someone carry out an act which he or she knows is unlawful under the Act. However, this is not unlawful if the person giving assistance has been told that the act is lawful and he or she reasonably believes this to be true.

369.It makes it an offence, punishable by a fine of (currently) up to £5,000, knowingly or recklessly to make a false statement about the lawfulness of doing something under the Act.

370.For the purposes of enforcement, breaches of the prohibition on aiding contraventions are dealt with under the same procedures in the Act as the contraventions themselves.

371.This section is designed to replicate the effect of similar provisions in previous legislation. It ensures that a person who helps another to do something which he or she knows to be prohibited by the Act is liable in his or her own right. Taken together with the provisions on “Liability of employers and principals” (section 109), “Liability of employees and agents” (section 110) and “Instructing, causing or inducing contraventions” (section 111) this section is designed to ensure that both the person carrying out an unlawful act and any person on whose behalf or with whose help he or she was acting can be held to account where appropriate.

All the explanatory notes for the Act