Ministry of Defence

Case Summary

The claimant, a trainee pilot, brought claims of sex discrimination and harassment against her trainer, Mr Pearson, who was employed by Babcock International Group plc under contract with the respondent MOD. The MOD applied to strike out the claims against Mr Pearson on the basis that it could not be held vicariously liable for his acts as he was not an employee or agent of the MOD.

The MOD cannot be held vicariously liable for Mr Pearson's alleged discriminatory acts because he was not an employee or agent of the MOD; he was employed by Babcock International Group plc under a separate contract.

• •whether the respondent MOD is vicariously liable under s.109 of the Equality Act 2010 for the alleged acts of discrimination and harassment by the trainer, Mr Pearson

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