Equality Act Audit
Defend Your Enterprise Against Uncapped Discrimination Liabilities.
Under Section 109 of the Equality Act 2010, employers are vicariously liable for unlawful conduct by staff. We establish the complete Section 109(4) “All Reasonable Steps” Defense through rigorous workplace audits and continuous City-grade corporate retainers.
Statutory Vicarious Liability
How Section 109(4) Shields Your Business
Under UK law, employers are treated as having done anything an employee does during employment. Establishing the statutory defense requires evidentiary proof, not assumptions.
The General Rule (s.109(1))
Anything done by an employee in the course of employment is treated as also done by the employer, regardless of whether it was done with the employer’s knowledge or approval.
Result: Immediate joint liability for harassment & bias.
The Defense (s.109(4))
In proceedings against an employer in respect of anything said to have been done by an employee, it is a complete defense to prove that the employer took all reasonable steps to prevent it.
Result: Complete discharge of corporate liability.
The Judicial Test
Employment Appeal Tribunal case law requires regular, refreshed equality training, clear adjustment channels, and zero tolerance. Outdated training is judicially held to be ineffective.
Result: Our audit creates your evidentiary defence.
Methodology & Scope
The 5 Workplace Risk Audit Modules
Delivered under Legal Advice Privilege, our workplace audit reviews your operational reality against Employment Appeal Tribunal benchmarks across 5 foundational modules.
Module A: Policy Framework & Documentation
Statutory Framework
Rigorous review of anti-harassment, bullying, grievance, and whistleblowing policies to ensure explicit coverage of all 9 protected characteristics and new sexual harassment statutory duties.
- EHRC Code of Practice benchmarking
- Anti-victimisation reporting protections
- Elimination of discriminatory contract clauses
Module B: Recruitment & Selection Vetting
Section 60 Protection
Eliminating unlawful pre-employment health/disability questions (s.60 Equality Act), auditing job adverts for indirect bias, and establishing audit trails for candidate selection.
- Third-party recruiter and headhunter audits
- Interview scoring sheet defensibility check
- Standardized candidate interview adjustment logs
Module C: Pay Parity, Bonuses & Appraisals
Equal Pay & s.65
Auditing discretionary bonus allocations, performance review ratings, and redundancy matrices to eradicate subtle gender, racial, or disability disparities.
- Discretionary executive bonus criteria scrutiny
- Maternity returner bonus penalty prevention
- Defensible redundancy scoring criteria
Module D: Disability & Reasonable Adjustments
Establishing formal Reasonable Adjustment Passports and reviewing Occupational Health workflows, neurodiversity accommodations, and sickness triggers.
- Decoupling disability sickness from triggers
- Occupational health implementation protocols
- Mental health & neurodiversity recognition
Module E: Culture, Training & Vicarious Defense
Verifying compliance with the stringent legal threshold established in Allay v Liddell. Ensuring anti-harassment training is interactive, refreshed, and recorded.
- 100% staff & board training completion tracking
- Third-party harassment preventative controls
- Active grievance escalation channels
The RAG Risk Audit Report
Legal Deliverable
Upon audit completion, your leadership team receives a Red/Amber/Green executive report with direct partner recommendations and a step-by-step remediation plan.
Year-Round Protection
Equality Act Corporate Retainers
Maintain your Section 109(4) “All Reasonable Steps” statutory defence year-round with partner-led advisory retainers. Avoid unexpected legal fees and secure continuous tribunal immunity.
Mid-Sized Employer Tier
Standard Equality Retainer £750/ month
Ideal for businesses with 5–50 employees seeking ongoing compliance.
- Up to 5 Hours / month of direct Solicitor & Partner advisory
- Annual comprehensive Equality Act policy review and update
- Pre-grievance risk screening before internal disputes escalate
- 1x Annual Interactive Anti-Harassment Refresher Webinar for staff
- 10% preferential discount on Employment Tribunal representation
Executive & Corporate
Premium City Retainer £1500/month
For City of London firms, financial institutions, and fast-growth tech.
- Up to 10 Hours/month direct Senior Partner (Inam Rana) counsel
- Bi-annual full audit updates & Reasonable Adjustment Register review
- Priority 2-Hour SLA Hotline for urgent HR grievances & suspensions
- 2x Executive Leadership & Board equality risk masterclasses
- Independent External Grievance Investigation allocation
- 15% preferential discount on Employment Tribunal representation