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Click here for a copy of our slides from our recent *Sex and the City at Work* Employment Law Seminar at the Law Society.
We have put together a 5-part series of blogs in which we will explore the basics and fundamentals of employment law. Today’s focus is sexual harassment.
It is critical for all HR officials and businesses to have a sound foundation in employment law so as to limit risk and avoid disputes …so let’s get the basics right!
Sexual Harassment – the basics you need to know
In this part of blog, we will focus on sexual harassment in the workplace, in particular defending a sexual harassment claim which has landed on an employer’s their desk.
The Equality and Human Rights Commission has recently published some guidance on Sexual Harassment and Harassment at Work. Please click here
What is sexual harassment?
Sexual harassment occurs where both:
A person can be sexually harassed by someone of the same or a different sex.
Defending a sexual harassment claim
Taking appropriate steps to prevent sexual harassment in the workplace is important for all employers, from a business perspective as well as a legal one. Complaints of sexual harassment can lead to costly settlements, and expensive litigation.
It is important to remember that employers are prima facie liable for sexual harassment committed by their employees during the course of their employment, regardless of whether the employee's acts were done with the employer's knowledge or approval.
An employer may avoid liability for sexual harassment by an employee where it can demonstrate that it took all reasonable steps to prevent the harassment.
Reasonable steps defence
Section 109(4) of the Equality Act 2010 provides that:
"In proceedings against A's employer (B) in respect of anything alleged to have been done by A in the course of A's employment it is a defence for B to show that B took all reasonable steps to prevent A:
from doing that thing, or
from doing anything of that description."
There are no minimum requirements that an employer can rely on to demonstrate that it has taken reasonable steps to protect its workers. However, the EHRC guidance advises that all employers will be expected to have in place:
Contact hina@partnerslaw.co.uk if you would like to discuss in house training, or if you have issues in the workplace you would like to discuss formally or informally.
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Partners Employment Lawyers is not a firm of solicitors. Members of Partners Employment Lawyers are consultants at Excello Law Limited and legal services are provided by Excello Law Limited which is authorised and regulated by the Solicitors Regulation Authority under SRA number 652733.
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