header-logo header-logo

09 November 2012 / Michael Salter , Chris Bryden
Issue: 7537 / Categories: Features , Employment
printer mail-detail

Drawing the line

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll