# The Employment Rights Act 1996 (NHS Recruitment – Protected Disclosure) Regulations 2018, Regulation 9: Discrimination by worker or agent of NHS employer


(1) Discrimination by a worker of an NHS employer is to be treated, for the purposes of these Regulations, as discrimination by the NHS employer where the discriminatory conduct occurs in the course of the worker’s employment.
(2) It does not matter whether the NHS employer knows about or approves the conduct of the worker.
(3) Discrimination by an agent of an NHS employer is to be treated, for the purposes of these Regulations, as discrimination by the NHS employer where the discriminatory conduct occurs with the authority of the NHS employer.
(4) In proceedings under regulation 4 or 8, in respect of anything alleged to have been done in the course of employment by a worker of an NHS employer, or anything alleged to have been done by an agent acting with the authority of the NHS employer, it is a defence for the NHS employer to show that it took all reasonable steps to prevent the worker or agent—
(a) from doing that thing; or
(b) from doing anything of that description.

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Source: https://www.legislation.gov.uk/ukdsi/2018/9780111167519/regulation/9 (the official version)
Page: https://openlegislation.uk/draft-employment-rights-act-1996-nhs-recruitment-protected-disclosure-regulations-2018/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.