The Employment Appeal Tribunal has stated that the scope of employer liability regarding sexual harassment is not limited to the incidences that happen at the workplace or during the working hours.
The complainant in this case was a sexually harassed agency worker who was being driven home after having cancelled a shift when a colleague sexually harassed her. Along the way, the colleague took her to a quiet place where inappropriate touching was done against her and the sexually explicit video was shown to her. The claimant was reporting the incident to her employer. Nevertheless, the employer did not exercise reasonable efforts to address the complaint or support them.
The Employment Tribunal did find that there was bad treatment, but it also found that the employer was not responsible since the act was committed when he was not in the office and during off-hours. The Employment Appeal Tribunal did not agree with this fact, stressing the fact that the adequate test regarding the employment relationship and the connection between the conduct and the latter is whether it is sufficient. The case was, hence, returned to the tribunal to be reconsidered.
What Employers Need To Consider:
- The liability to harassment can also be broader to include the physical workplace, where there is a direct relationship with employment.
- The work-related travelling policies, transport, and work-related social situations should be discussed.
- The employers need to make sure that the complaints are addressed and a timely investigation is conducted.
- Employers to make sure that policies and reporting systems used in the place of work are appropriate to handle the risk of harassment both within and without the workplace’s premises.