Kemeh v Ministry of Defence

Employment – Discrimination. The employment tribunal found that the employee had been subject to two acts of direct discrimination by his immediate line manager and a subcontractor. The Employment Appeal Tribunal found that the employer Ministry of Defence was not liable for the act of the subcontractor and reduced the damages for the act of the manager. The employee appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the employer could not be liable for the act of the subcontractor, as she had not acted as its agent. Further, the initial award of damages had been manifestly excessive.

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