The EAT decision in Scott v Combined Property Services Ltd, rejecting a complaint that remarks about a woman's appearance or clothing amounted to sexual harassment, gives general guidance on the approach to be applied by industrial tribunals.
By failing to take all reasonable steps to protect an employee from further racial harassment following complaint, contrary to its own harassment policy, the Post Office was liable, rules a Bedford industrial tribunal (Chair: C Tribe) in Chin v The Post Office and others.
Even if the applicant's allegations of sexual harassment were true, the employer, which had a "comprehensive" complaints procedure that the applicant failed to make use of, would have escaped liability by virtue of the defence in s. 41(3) of the Sex Discrimination Act 1975, rules a Birmingham industrial tribunal in Davies v Secretary of State for Social Security.
A woman who was sexually harassed by an outside contractor did not have a remedy either against her employer or against the contractor, according to a Glasgow industrial tribunal in Henderson v (1) McMillan Flooring Distributors Ltd and (2) Alatsaris t/a MA Decorators because the outside contract did not require the work to be personally executed by the harasser.
Racial and sexual harassment can pose questions of whether the employer should be held legally liable, as Harding v Dale Joinery Ltd Brannen v Frigoscandia (Grimsby) Ltd and Chisnall Cumberbatch v Hickson and Department of Social Security illustrate.
Royal Mail's harassment policy has created in its workforce a unique awareness of discrimination and how to avoid it, says a Birmingham industrial tribunal (Chair: A C Tickle) in Graham v Royal Mail and Nicholson.
HR and legal information and guidance relating to bullying and harassment.