We dismissed a male employee a year ago for sending intimidating messages to a female employee. He has now posted a further offensive message on the same employee’s facebook page. At the time the employee left he signed a compromise agreement. What should we do following this female member of staff drawing this to our attention?

An employer has a duty of care towards its employees, but can this be extended to protection from beyond the employment?

The Sex Discrimination Order 1976 (Amendment) Regulations (NI) 2008 amended the definition of harassment. The new provision makes an employer liable for third party harassment. In order to establish this, the employer must have known that the employee had been harassed by that person on at least two previous occasions and failed to take reasonable steps to prevent it. The other discrimination legislation was not similarly amended.

You have not told us about the content of these messages. However, if these messages were from a male to a female employee, amount to