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- Type:
- Employment law cases
Susannah Jarvis (associate) and Kate Williams (professional support lawyer), Addleshaw Goddard, analyse important recent rulings.
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- Date:
- 19 November 2007
- Type:
- Employment law cases
The High Court has held that, in order to succeed in a claim under the Protection from Harassment Act 1997, an employee must show that there was 'an element of real seriousness' to the harassment.
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- Type:
- FAQs
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- Date:
- 22 September 2006
- Type:
- Employment law cases
In Majrowski v Guy's and St Thomas's NHS Trust [2006] IRLR 695 HL, the House of Lords holds that under the Protection from Harassment Act 1997 employers will be vicariously liable for harassment committed by employees acting in the course of their employment.
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- Date:
- 4 August 2006
- Type:
- Employment law cases
In Caspersz v Ministry of Defence EAT/0599/05, the Employment Appeal Tribunal holds that an employer that introduced and implemented an effective dignity at work policy successfully defended sexual harassment claims even where the harasser was the manager with responsibility for implementing the policy.
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- Date:
- 13 May 2005
- Type:
- Employment law cases
In Majrowski v Guy's and St Thomas' NHS Trust, the Court of Appeal holds that vicarious liability is not restricted to common law claims. An employer may be vicariously liable for a breach of statutory duty imposed only on his employee, if that would be just and reasonable in light of a sufficiently close connection between the unlawful act and the employee's duties and/or if the risk of the employee's wrongdoing is "reasonably incidental" to the employee's duties and, further, if the statute does not expressly (or on its proper construction) exclude such vicarious liability.
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- Type:
- FAQs
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- Type:
- FAQs
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- Date:
- 1 June 1995
- Type:
- Employment law cases
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.
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- Date:
- 1 June 1995
- Type:
- Employment law cases
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.