You Can’t Hide Behind the Company: Why Section 109 Matters for You
- Yolanda Pemberton
- Sep 22
- 2 min read
Updated: Oct 6
Most people assume that if discrimination happens at work, the company takes the blame. But the Equality Act 2010 makes something very clear: individuals can be held personally responsible too. Section 109 is the part of the law that strips away the shield of the corporate logo and says, “If you discriminate, you answer for it.”
🔎 What Section 109 Says in Plain English
Let’s break it down. If someone discriminates against you at work, they can’t just shrug and say, “I was only doing my job.” The law states that you are personally responsible for your actions, even if you did them while working for a company. This means HR managers, line managers, and even CEOs can be named personally in a claim.
⚖️ Why This Is So Important
Accountability
First and foremost, accountability is key. Section 109 stops individuals from hiding behind the company name. When people know they can be held personally liable, it makes them think twice before acting unlawfully.
Deterrence
Knowing they could face personal consequences serves as a deterrent. It encourages managers and decision-makers to act with integrity.
Justice
Lastly, it’s about justice. Discrimination isn’t just a matter of policy—it’s carried out by people. Those individuals must answer for their actions.
🧑⚖️ From a Judge’s Perspective
Judges take Section 109 seriously because it goes to the heart of fairness. If someone abuses their position of power—whether in HR, management, or leadership—they can’t expect the company to carry all the blame. The law expects them to know better and to act lawfully.
📌 Why It Resonates with Litigants in Person
For self-represented claimants, Section 109 is empowering. It means:
You can hold the actual decision-makers accountable.
You can show the tribunal the human face of discrimination, not just the corporate brand.
It reinforces that your case isn’t abstract—it’s about real people making unlawful choices.
🌟 Understanding Your Rights
Navigating the complexities of employment law can feel daunting. But understanding your rights under Section 109 can be a game-changer. It’s not just about knowing the law; it’s about feeling empowered to stand up for yourself.
The Importance of Awareness
Awareness is crucial. When you know what you’re up against, you can better prepare yourself. This knowledge can be your strongest ally in the workplace.
Seeking Support
Don’t hesitate to seek support. Whether it’s from legal professionals, advocacy groups, or even friends, having a support system can make a world of difference.
✨ Closing Thought
Edition 3 is about shining a light on personal responsibility. The Equality Act doesn’t just punish institutions—it calls out individuals who cross the line. That’s why this cover matters: it reminds every HR officer, every manager, every boss—you can’t hide behind the company.
In the end, it’s about creating a fair and just workplace for everyone. So, let’s stand together and ensure that discrimination has no place in our lives. After all, we all deserve to work in an environment where respect and dignity are paramount.
Remember, you have the power to make a difference. Let’s embrace that power and foster a community where shared experiences lead to personal growth and self-reinvention.
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