A person harasses another if they engage in UNWANTED CONDUCT related to a RELEVANT PROTECTED CHARACTERISTIC and the conduct has the PURPOSE OR EFFECT...
1 of 19
s.26(4) Eq Act 2010
Perception of B, other circumstances of case and if it was reasonable for conduct to have that effect.
2 of 19
Institu Cleaning v Heads
A single remark can amount to sexual harassment.
3 of 19
English v Thomas Sanderson Blinds
So long as it relates to a relevant protected characteristic, does not matter if it do not have it.
4 of 19
s.26(2) Eq Act 2010
A person harasses another if they engage in UNWANTED CONDUCT of a SEXUAL NATURE and the conduct has the PURPOSE OR EFFECT
5 of 19
Munchkins Restaurant v Karmazyn
Conduct may be unwanted even if feel forced to participate in sexual banter.
6 of 19
Driskel v Peninsula Business Services
Do not need to make it clear that you do not wish to be touched in a sexual manner.
7 of 19
Reed and Bull Info Systems v Stedman
Failure to deal with SH may result in CD due to implied term of trust and confidence.
8 of 19
Williams v Leeds FC
Discovery of historic gross misconduct POST-dismissal.
9 of 19
MacDonald v AG for Scotland; Pearce v Mayfield School
Employers failure to protect employees from harassment is unlawful discrimination if related to a protected characteristic.
10 of 19
s.109 Eq Act 2010
Employer VL for acts of its employees if 'during the course of their employment'
11 of 19
Jones v Tower Boot
Employer didn't step in when employee racially abused.
12 of 19
Vento v Chief Constable of West Yorkshire Police
Vento Bands. Intermediate, mediate, advanced. Since been updated.
13 of 19
Sheriff v Klyne Tugs
Be careful not to settle claim before claim injury to feelings.
14 of 19
s.109(4) Eq Act 2010
Employer took all reasonable steps to prevent.
15 of 19
Protection From Harassment Act 1997
Course of conduct. 6 years. No characteristics. VL. No defence.
16 of 19
Majrowski v Guy's NHS Trust
Employer may be VL under PFHA 1997 if one employee harasses another.
17 of 19
Veakins v Kier Islington
Conduct is 'oppressive and unacceptable' but also 'sustain criminal liability'
18 of 19
Waters v Commissioner of Police of Metropolis
Employers negligence can breach their duty of care.
19 of 19
Other cards in this set
Card 2
Front
Perception of B, other circumstances of case and if it was reasonable for conduct to have that effect.
Back
s.26(4) Eq Act 2010
Card 3
Front
A single remark can amount to sexual harassment.
Back
Card 4
Front
So long as it relates to a relevant protected characteristic, does not matter if it do not have it.
Back
Card 5
Front
A person harasses another if they engage in UNWANTED CONDUCT of a SEXUAL NATURE and the conduct has the PURPOSE OR EFFECT
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