header-logo header-logo

26 April 2013 / Michael Salter , Chris Bryden
Issue: 7557 / Categories: Features , Employment
printer mail-detail

No hard feelings

The EAT has provided further guidance as to what amounts to harassment, as Chris Bryden & Michael Salter observe

With typical clarity, Underhill J (as was) has recently added to the growing volume of case law which imposes objective gloss onto the provisions of anti-discrimination legislation. In Heafield v Times Newspapers Limited [2013] UKEAT 1305_12_1701 the Employment Appeal Tribunal (EAT) has given further guidance as to what may or may not amount to harassment.

In 2010, one the respondent’s editors shouted in the office: “Can anyone tell me what’s happening to the f*****g Pope?” This was at a time when he was awaiting a story on the then Pope, allegedly having covered up for paedophile priests in the catholic church. It appears that deadlines were rapidly approaching and the editor wanted his story. Mr Heafield is a catholic and presented claims to the tribunal which included one of harassment arising from this statement. He lost, but appealed to the EAT. His appeal was sifted out, but came before Underhill J on a

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll