Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


Click to show the answer What are the benefits to employers in adopting an equal opportunities policy?

Click to show the answer How can an employer improve its equal opportunities record?

Click to show the answer Is it lawful for an employer to dismiss a complaint of harassment or bullying from an employee who is thought to be "over-sensitive"?

Click to show the answer Can employers be held liable for harassment that takes place during a work-related social event?

Click to show the answer Is an employer liable for offensive and/or potentially discriminatory material or comments posted on its intranet bulletin board?


Click to hide the answerIf a business client harasses an employee, is the employer liable?

An employer will be liable for acts of its agents, and could be liable to an employee for negligence if the employee suffered mental and/or physical injury because of harassment by a third party that the employer could reasonably have foreseen and prevented or reduced.

In addition, as of 6 April 2008, the Sex Discrimination Act 1975 provides that an employer will be liable if an individual is harassed by a third party in the course of employment, in circumstances where the employer knows that the person has been subjected to harassment on at least two other occasions (whether by the same or a different third party), but has failed to take steps to prevent it. Arguably the harassment provisions in the other strands of discrimination law need to be amended to bring them into line with the third-party harassment provisions in the Sex Discrimination Act 1975.

An organisation should make all its customers and clients aware that it is committed to equal opportunities, and take care to prevent its employees from being subjected to any kind of harassment by third parties.

The Equality Act 2010 will extend the protection against third-party harassment that currently applies only to sex-based harassment to the other protected characteristics.

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Click to show the answer Can an employer be liable for harassment of an employee by other employees because he or she is gay?

Click to show the answer Are employers required to monitor their employees' sexual orientation?

Click to show the answer Can an employer be liable for harassment of an employee by other employees because of his or her religion or belief?

Click to show the answer Are employers required to monitor their employees' religions and beliefs?

Click to show the answer How can employers avoid allegations of unfair and/or discriminatory treatment when allowing employees to take time off to watch football?

Click to show the answer What "positive action" is permitted under discrimination legislation?

Click to show the answer Where an employer follows the statutory retirement procedure in dismissing an employee, can the dismissal attract a discrimination claim?

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