Part 8 Prohibited conduct: ancillary

102 Relationships that have ended

(1) A person (A) must not discriminate against another (B) if—

(a) 25the discrimination arises out of and is closely connected to a
relationship which used to exist between them, and

(b) conduct of a description constituting the discrimination would, if it
occurred during the relationship, contravene this Act.

(2) A person (A) must not harass another (B) if—

(a) 30the harassment arises out of and is closely connected to a relationship
which used to exist between them, and

(b) conduct of a description constituting the harassment would, if it
occurred during the relationship, contravene this Act.

(3) It does not matter whether the relationship ends before or after the
35commencement of this section.

(4) A duty to make reasonable adjustments applies to A in so far as B continues to
be placed at a substantial disadvantage as mentioned in section 19.

(5) For the purposes of subsection (4), sections 19, 20 and 21 and the applicable
Schedules are to be construed as if the relationship had not ended.

(6) For the purposes of Part 9 (enforcement), a contravention of this section relates
to the Part of this Act that would have been contravened if the relationship had
5not ended.

(7) But conduct is not a contravention of this section in so far as it also amounts to
victimisation of B by A.

103 Liability of employers and principals

(1) Anything done by a person (A) in the course of A’s employment must be
10treated as also done by the employer.

(2) Anything done by an agent for a principal, with the authority of the principal,
must be treated as also done by the principal.

(3) It does not matter whether the thing is done with the employer’s or principal’s
knowledge or approval.

(4) 15In proceedings against A’s employer (B) in respect of anything alleged to have
been done by A in the course of A’s employment it is a defence for B to show
that B took all reasonable steps to prevent A—

(a) from doing the thing, or

(b) from doing anything of that description.

(5) 20This section does not apply to offences under this Act (other than offences
under Part 12 (disabled persons: transport)).

104 Liability of employees and agents

(1) A person (A) contravenes this section if—

(a) A is an employee or agent,

(b) A does a thing which, by virtue of section 103(1) or (2), is treated as
5having been done by A’s employer or principal (as the case may be),
and

(c) the doing of the 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
10have contravened this Act by virtue of section 103(4).

(3) A does not contravene this section if—

(a) A relies on a statement by the employer or principal that doing the
thing is not a contravention of this Act, and

(b) it is reasonable for A to do so.

(4) 15A 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.

(6) 20Part 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).

105 Instructing and causing discrimination

(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 102(1) or (2) or
106(1) (a basic contravention).

(2) 5A 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) 10Proceedings 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) 15the 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) 20A reference in this section to causing or inducing a person to do a thing
includes a reference to attempting to cause or induce the person to do the thing.

(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
25of 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.

106 Aiding contraventions

(1) A person (A) must not knowingly help another (B) to do anything which
contravenes Part 3, 4, 5, 6 or 7 or section 102(1) or (2) or 105 (a basic
contravention).

(2) 5It 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
10mentioned 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
15treated 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).