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Harassment

This topic contains all articles and case reports dealing with Harassment. They are shown in reverse chronological order, with the most recently published being listed first.

You can further narrow down the articles or case reports you want to see by choosing one or more types of article, or case report, and/or selecting the date of publication, using the boxes on the right-hand side of your screen.

Showing results from 1 to 20 of 268

The fact that women put up with sexual conduct from their employer for a long time was not grounds for finding that the conduct was not unwelcome, the EAT rules in this case. The EAT also gives guidance on making an award of compensation with joint and several liability. Munchkins Restaurant Ltd v Karmazyn (EAT, 28 Jan 2010)

A female employee’s claims of sexual harassment were dismissed by an employment tribunal as it found that the comments complained about were either not unwanted or did not have the purpose or effect of violating her dignity. It found the claimant’s evidence on the effect of the alleged harassment to be exaggerated. Wimmer v (1) Nomos Capital Partners Ltd (In liquidation) (2) Nomos Capital LLP (In liquidation) (3) Lowe (ET/2202507/09, 30 Apr 2010)

Suffolk Constabulary has implemented a harassment and bullying policy incorporating comprehensive procedures for both formal and informal resolution, with trained mediators in place to help resolve conflict. Carol Foster reports.

Through a successful partnership bid, Barnsley Hospital NHS Foundation Trust has appointed specially trained harassment support workers to support employees. Kate Godwin examines the trust’s policy on bullying and harassment and its emphasis on achieving an informal resolution.

An employee claimed that aggressive behaviour and public criticism from her line manager amounted to sexual harassment. The tribunal, however, concluded that the manager’s conduct, although unwanted and likely to adversely affect her working environment, was not on grounds of the claimant’s sex but due to his belief that she was not performing her role satisfactorily. Buchanan-Robinson v Beamish Hall Limited (11 Dec 2009, ET/2507211/08)

The environment of a restaurant kitchen often seems to give rise to banter of a sexual nature. This case provides a warning to employers that such behaviour can lead to unacceptable conduct that amounts to sexual harassment. “Banter” and “horseplay” that appear to be mutual may in fact be unwanted conduct and any complaints need to be thoroughly investigated. A v B and C Ltd (9 Oct 2009, ET1102219/08 and ET/ 1101193/09)

A statement to a black detention officer by the senior management team that she “needed to see a psychiatrist” was not sufficient to establish a rebuttable inference of race discrimination, the EAT rules in Commissioner of Police of the Metropolis v Osinaike (22 Feb 2010, EAT).

This section of the Discrimination Guide 2010 is on Sex and Race Discrimination - Harassment and Sexual Harassment.

This article is an edited version of Michael Rubenstein’s lecture on “Key employment and discrimination cases for 2010”, given to the Industrial Law Society on 14 January 2010. ...(more) 

Employers and unions have teamed up to promote new guidance on preventing harassment and violence in the workplace, implementing an EU social partners’ agreement signed in 2007.

The theme for this month’s issue is harassment and bullying. ...(more)

Support for victims and, where appropriate, perpetrators of bullying within a framework of expected behaviours is an important part of a culture of zero tolerance to bullying and harassment at the Isle of Wight NHS Trust. Carol Foster examines how this policy works.

Research shows that bullying and harassment is a problem in higher education workplaces. Guidance on how to deal with it is available. Although aimed at the education sector, it will help any employer who wishes to tackle this issue. Kate Godwin reports.

The EAT has upheld a finding that a remark made by a manager to a female employee of Indian ethnic origin, which referred to her being "married off in India", had the effect of violating her dignity so as to constitute harassment contrary to the Race Relations Act. Richmond Pharmacology v Dhaliwal (12 Feb 2009; EAT)

The claim of disability discrimination against the employer in this case was dismissed by the tribunal for lack of jurisdiction as the claimant had not raised a valid grievance about harassment. However, the individual employee who perpetrated the harassment, and who was joined as the second respondent, was held liable. Stuckey v (1) Daido Industrial Bearings Europe Ltd (2) Elswood (3 Dec 2008; ET/1700301/08)

Most cases of harassment under the Sex Discrimination Act involve behaviour of a sexual nature. However, the Act also covers sex-based harassment. In this case, the tribunal found that the claimant was subjected to harassment by the respondent repeatedly and unreasonably asking her when she intended to return from maternity leave, and threatening disciplinary action if she failed to reply. Gardner v BBT Thermotechnology UK Limited (12 Sep 2008; ET/1307647/07)

This case demonstrates the difficulty of proving sex-based harassment, where it is found that behaviour, which was offensive and caused an intimidating environment for the claimant, could have been aimed at any employee of either sex. By contrast, sexual innuendo was found to be harassment as it involves a sexual element aimed only at women. Snelgrove v Menzone Barbers Ltd (9 Dec 2008; ET/180391/08)

Accepting the claimant's allegations of sexual harassment at face value without a proper investigation is not an exemplary way of dealing with a complaint says the tribunal in this case. McKellar v Cottam Brush Limited (3 Feb 2009; ET/2505731/08)

An employment tribunal makes recommendations to enable the female claimant working in an almost exclusively male environment to continue to work for the respondent, free from harassment and with direct support from HR. The decision also demonstrates the "policing" role of HR, which is strongly criticised for allowing a "discriminatory smokescreen" to be used to transfer the claimant to a less desirable area of work. Capeling v Devonport Royal Dockyards Ltd (3 Dec 2008; ET/1700460/08)

The Government's long-awaited Equality Bill was published this morning. The Bill is 205 clauses and 28 schedules long. The first part of our guide to the Equality Bill will be published in the June EOR and we will be covering the Bill in detail as it goes through Parliament. (more)