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Drawing the line

09 November 2012 / Michael Salter , Chris Bryden
Issue: 7537 / Categories: Features , Employment
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How far does the law protect employees from sexual harassment, ask Chris Bryden & Michael Salter

As the maelstrom surrounding Jimmy Savile engulfs the BBC and, if newspapers reports are to be believed, expands to other facets of the public sector, it is useful to consider how much the law has changed over a relatively short period of time and the potential exposure there may be for employers faced with allegations of sexual harassment.

In the employment context, the Equality Act 2010 (EqA 2010) and its predecessor legislation prohibited harassment on grounds of the protected characteristic and, in the case of the Sex Discrimination Act 1976, prohibited sexual harassment which was harassment of a sexual nature and which did not depend on the sex of the victim.

Establishing liability

Recently, in general terms, the law of tort has relaxed considerably the circumstances in which an employer can be liable for the torts of its employees. Gone are the days when an employer would be found not liable for their employee’s acts

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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