An employer may be held vicariously liable for harassment by its employees, in breach of the Protection from Harassment Act 1997, provided that there is sufficient connection between the breach and the employment and/or the risk of such breach was one reasonably incidental to the employment, holds the Court of Appeal in Majrowski v Guy's and St Thomas's NHS Trust.
This week's case round-up from Eversheds, covering liability for employees' harassment of third parties.
Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.
In a hearing of three conjoined appeals (Igen Ltd (formerly Leeds Careers Guidance) and others v Wong; Chamberlin Solicitors and another v Emokpae; Brunel University v Webster, 18 February 2005), the Court of Appeal considers the guidelines established in Barton v Investec Henderson Crosthwaite Securities Ltd (EOR 118) and sets out revised guidance on the burden of proof provisions in the discrimination legislation.
In Igen Ltd & ors v Wong; Chamberlin Solicitors & ors v Emokpae; Brunel University v Webster, the Court of Appeal holds that the amendments to the Sex Discrimination Act 1975 and Race Relations Act 1976, in order to implement the Burden of Proof Directive (97/80/EC), require a two-stage process to determine direct discrimination.
In Brumfitt v Ministry of Defence and another, the EAT holds that in all cases of direct sex discrimination, including sexual harassment, a male comparator, whether actual or hypothetical, is required.
This week's case round-up from Eversheds covering the applicability of TUPE regulations and sexual harassment.
In St Helens Metropolitan Borough Council v Derbyshire and others, the EAT holds that the tribunal did not err in law in finding that the council had victimised catering staff who had presented equal pay claims.
HR and legal information and guidance relating to the workplace environment.