Bosses face damages for third party sexual harassment
Mar 31 2008
A top employment lawyer is warning employers they could face unlimited damages if they fail to protect employees from sexual harassment by third parties, under new laws now in force.
Joan Pettingill, partner at hlw Commercial Lawyers, believes many bosses are unaware of the new rules – which came into force on 6 April – under which employers will be held responsible for repeated sexual harassment encountered by staff from clients, suppliers and other third parties.
She comments: ‘These changes should not be underestimated – every member of staff is now protected from sexual harassment by anyone they meet as part of their work.
‘This includes client meetings, networking events and dealings with external suppliers. Bosses will be expected to protect their staff from harassment – or face being held liable themselves.’
Significantly, the employee does not have to resign to bring an action and, if successful, there is no limit on compensation.
‘The courts will not accept protecting a major contract or important relationship as a defence in court – firms need to prepare now,’ she adds.
Comment by Tom Knott
Wednesday 16th April 2008Does this mean the employee is required to report the harassment to their employer? If so, how is it to be recorded? How is it defined and what does the employer need to do to demonstrate that they have responded reasonably to the employee's concerns? I can understand the attraction of making the employer responsible, but what about the practicalities of being held responsible for the actions of a third party?
Report this comment
Comments [1]