Webinars by Practice Area
Harassment under the Equality Act 2010
Available from: 15/03/2024
It is unlawful for an employee to be subjected to harassment which is related to any of the protected characteristics set out in the Equality Act 2010. This webinar aims to analyse the various provisions and summarise recent developments.
Topic covered include:
- The basis of a harassment claim is unwanted conduct: what if the claimant did not complain or act for some time?
- How can a tribunal determine if it was reasonable for the employee to feel that they were subjected to an adverse or offensive environment?
- To what extent is “banter” permissible?
- The offending action must be carried out in the course of employment, but how is that defined? Jones v Tower Boot Co; Chief Constable of Lincolnshire Police v Stubbs
- In what circumstances can an employer be liable for offensive posts on social media, such as Facebook? Forbes v LHR Airport Ltd
- To what extent is an employer liable for harassment by third parties, such as clients or suppliers?
- What special provisions apply to sexual harassment?
- What constitutes conduct of a sexual nature?
- What if an employee is subjected to less favourable treatment because of rejection of unwanted conduct of a sexual nature?
- The employer must now take reasonable steps to prevent sexual harassment in the course of employment) – what consequences will flow from failure to fulfil this duty? (Worker Protection (Amendment of Equality Act 2010) Act 2023)
- What should an employer do to ensure that it has taken the necessary reasonable steps?