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09 November 2012 / Michael Salter , Chris Bryden
Issue: 7537 / Categories: Features , Employment
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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

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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