Unwanted conduct related to a protected characteristic under s.26 Equality Act 2010, and employer liability for it. Driscoll (nee Cobbing) v V&P Global Ltd.
Unfair dismissal; conduct; giving a manager a formal warning instead of dismissal sets a benchmark for future conduct.
Harassment; vicarious liability; social events (e.g. pub drinks) immediately after work are 'in the course of employment'.
Harassment; vicarious liability; an employer is liable for harassment by employees unless it took all reasonable steps to prevent it.
Discrimination; harassment; abusive language by a manager can be harassment.
Constructive dismissal; last straw; the final act must contribute to the breach of trust.
Harassment; vicarious liability; employers are vicariously liable for harassment by employees under the Protection from Harassment Act.
Disability; harassment; s.3A(5) DDA 1995 (now s.26 EqA 2010). The EAT (Underhill P) set out the framework for disability-related harassment. Conduct 'relates to' disability where there is a connection between the conduct and the protected characteristic, even if not directed at the disability itself. The 'effect' limb of harassment requires an objective assessment: it must be reasonable to regard the conduct as violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. This protects respondents from claims based on undue sensitivity; an absence of intent to offend is relevant but not decisive.
Harassment; s.26 EqA; Court of Appeal warned tribunals against 'cheapening' the statutory words of s.26; the unwanted conduct must reach a high threshold of gravity that truly violates dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
Harassment; constructive dismissal; a constructive dismissal can constitute harassment within the meaning of s.26 Equality Act 2010 where the conduct amounts to unwanted conduct related to a protected characteristic that has the purpose or effect of violating dignity or creating a hostile environment; overturned the contrary view in Wilton v CSA Global UK Ltd.
EAT held that equality and harassment training so stale that it can no longer be regarded as having been 'reasonably practicable' does not satisfy the reasonable steps defence under s.109(4) EqA. Employers must keep training current and reinforce it periodically; a single historic session will not suffice.
Harassment; vicarious liability; employer liable for rape at hotel following Christmas party as it was the culmination of a course of harassing conduct during employment.
Discrimination; toilets; inclusive policy based on gender identity was objectively justified as a proportionate means of achieving a legitimate aim, though harassment claims can still succeed on specific facts. The judgment attempts to maintain terminology consistent with the Supreme Court's 'For Women Scotland' decision.
Race discrimination; harassment related to race; constructive unfair dismissal. A Black Nigerian consultant rheumatologist succeeded in claims of direct race discrimination where his name was excluded from biologic prescriptions in favour of a departmental name used for white colleagues. The grievance hearing outcome also constituted race discrimination by sustaining the discriminatory practice rather than correcting it. Harassment related to race succeeded. Constructive dismissal succeeded. All other claims dismissed.