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09 November 2012 / Michael Salter , Chris Bryden
Issue: 7537 / Categories: Features , Employment
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Drawing the line

How far does the law protect employees from sexual harassment, ask Chris Bryden & Michael Salter

As the maelstrom surrounding Jimmy Savile engulfs the BBC and, if newspapers reports are to be believed, expands to other facets of the public sector, it is useful to consider how much the law has changed over a relatively short period of time and the potential exposure there may be for employers faced with allegations of sexual harassment.

In the employment context, the Equality Act 2010 (EqA 2010) and its predecessor legislation prohibited harassment on grounds of the protected characteristic and, in the case of the Sex Discrimination Act 1976, prohibited sexual harassment which was harassment of a sexual nature and which did not depend on the sex of the victim.

Establishing liability

Recently, in general terms, the law of tort has relaxed considerably the circumstances in which an employer can be liable for the torts of its employees. Gone are the days when an employer would be found not liable for their employee’s acts if those acts were deemed to be “frolics of their

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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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