Employment equality-sexual harassment-vicarious liability HEADNOTES Facts The claimant had been subjected for some six weeks to physical and verbal har- assment by two fellow male employees. She threatened to report them if they did not desist. They ignored her complaints and on 18 November 1989 she suffered a vio- lent sexual assault at their hands. Her trade union claimed compensation for her on the grounds that the assault amounted to discrimination by her employer contrary to the Employment Equality Act 1977 (the 1977 Act). An Equality Officer was satis- fied that the claimant's treatment constituted less favourable treatment because of her sex and recommended that she be paid £7,000 in compensation. The employer appealed to the Labour Court who determined the appeal in the claimant's favour but reduced the compensation to £3,500. The employer appealed on a point of law to the High Court. Decision The appeal was allowed and the award of compensation was discharged. The conduct of the claimant's fellow employees was clearly sexual harassment which was discrimination within the meaning of the 1977 Act. Acts of discrimination, how- ever, were only prohibited where committed by employers and, since her fellow employees were not acting within
International Labour Law Reports Online – Brill
Published: Jan 1, 1993
It’s your single place to instantly
discover and read the research
that matters to you.
Enjoy affordable access to
over 12 million articles from more than
10,000 peer-reviewed journals.
All for just $49/month
Read as many articles as you need. Full articles with original layout, charts and figures. Read online, from anywhere.
Keep up with your field with Personalized Recommendations and Follow Journals to get automatic updates.
It’s easy to organize your research with our built-in tools.
Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.
All the latest content is available, no embargo periods.
“Hi guys, I cannot tell you how much I love this resource. Incredible. I really believe you've hit the nail on the head with this site in regards to solving the research-purchase issue.”Daniel C.
“Whoa! It’s like Spotify but for academic articles.”@Phil_Robichaud
“I must say, @deepdyve is a fabulous solution to the independent researcher's problem of #access to #information.”@deepthiw
“My last article couldn't be possible without the platform @deepdyve that makes journal papers cheaper.”@JoseServera