Could the company be liable for the actions of an employee who sexually harassed another employee? What constitutes sexual harassment?

Posted in : First Tuesday Q&A NI on 7 December 2010
Emma-Jane Flannery
Arthur Cox

The simple answer to the first question is yes. This is because the anti-discrimination legislation provides that anything done by the employee “in the course of his employment” is treated as done by the employer as well as by the employee, whether or not it was done with the employer’s knowledge or approval. As “in the course of his employment” is given a wide meaning, Christmas parties arranged by the employer are likely to be seen as an extension of the working environment to fall within this definition.

In terms of the second question, harassment includes conduct of a non-sexual nature,

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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