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Recent cases show that professional social networking has encouraged sexual harassment in the workplace. Although, such platforms are intended to encourage networking and teamwork, there are concerns that that they are being used in a way, which makes some individuals, feel offended and/or harassed.
The issue is one of vicarious liability. The Equality Act contains rules, which apply to claims of discrimination or harassment. The test is whether the act complained of was done “in the course of employment”. For this purpose, “employment” includes all those who would qualify as “workers”. If the statement was made by an employee the employer will be held liable unless it can establish its statutory defence.
The statutory defence is - if an employer can prove that it took “all reasonable steps” to prevent the perpetrator from doing the alleged act of discrimination or from doing anything of that description. Employment Tribunals tend to hold employers to very high standards. Much depends on what an employer knew, suspected or ought to have known. If an employer can show that it had taken steps to prevent such discrimination and harassment by implementing a policy and by training, a tribunal might accept this defence.
Our Employment Lawyers are based in London and work with business clients operating throughout England. For advice and legal services relating to employment law, contact our approachable and professional team – call 0207 374 6546 now or contact us online.
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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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