Employment Law

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Balgobin v Toer Hamlets 1987

Broadbent v Crisp (1974) (Nairns p105)

Burton and Rhule v de Vere Hotels [1996] (Nairns p 63)

De Souza v AA (1986)).

Jones v Tower Boot co. 1997

Lincolnshire Police v Stubbs [1999] IRLR 81, EAT

Livesey v Parker Merchanting Ltd

Mrs Rea Moonsar v Fiveways Express Transport Ltd (2004)

Porcelli v Strathclyde Regional Council (1984)

Waters v Commissioner of the Metropolis (1997)

Whitttaker v Minister Pensions and National Insurance (1967) (Nairns p 107)

The concept of harassment did not figure in the original anti-discrimination legislation, American legal theories were influential to the formation of harassment laws in Britain. The American Equal Opportunities commission identified sexual harassment as being unwelcome sexual advances that rejection of which would hinder the recipient’s employment and conduct that created a hostile or intimidating working environment. In British law the idea of harassment was became realised as a form of direct sex or race discrimination on the account that it amounted to treating a person less favourably on the grounds of sex or race (see Porcelli v Strathclyde Regional Council (1984); De Souza v AA (1986)).

Only recently has the types of actions that equate to sexual harassment been statutorily defined. There are potentially three main methods by which an employer can be made liable for sexual harassment of his employees or potential employees under the Sex Discrimination Act 1975 (SDA): first, direct liability, whereby the employer is responsible for his own acts of sexual harassment, or for any sex discrimination in the treatment of complaints of sexual harassment. An example of this being Greig v Community Industry (1977) were a female painter was dismissed as her employer thought that it would not be good for her to be the only female in the team. Secondly, where the employer is held responsible for sexual



Bibliography: Nairns, J. (2008), Employment Law for Business Students, 3rd Edition, Essex: Pearson Education On duty, or off duty? [Online], Pitt, G. (2007), Employment Law, 6th Edition, London: Sweet and Maxwell Seargant, M and Lewis, D Taylor, S and Emie, A. (2006), Employment Law, Oxford: Oxford University Press What constitutes sexual harassment? [Online],

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