vicarious liability
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Harassment - Case Round-Up: March 2017
In this month's round-up, Mark Shulman, consultant solicitor with Keystone Law, looks at recent cases on harassment claims under the Equality Act 2010, as well as the liability of an employer or principal when such claims are well-founded.
- cases
13/03/2017 12:03
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Bellman v Northampton Recruitment Ltd
Claim brought against the Defendant company by an employee, who was left brain damaged after an altercation with a director of the company following a Xmas party, seeking damages on the basis that it was vicariously liable for the actions of the assailant. Claim dismissed.
- cases
05/12/2016 11:34
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Unite the Union v Nailard UKEAT/0300/15/BA
Appeal against a finding that the Respondent was vicariously liable for acts of sexual harassment against the Claimant. Cross-appeal against other aspects of the decision. Appeal allowed in part, cross-appeal dismissed.
- cases
03/10/2016 13:11
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Employer vicariously liable for criminal actions of employees
The Supreme Court holds that employers can be vicariously liable for the acts of their employees who commit a crime whilst at work.
- news
02/03/2016 11:02
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Vernon v Azure Support Services Ltd & Ors UKEAT/0192/13/SM
Appeal and cross appeal in case involving questions of vicarious liability for sexual harassment after a TUPE transfer and discrimination claims. Claimant's appeal on the liability allowed. Respondent’s appeal on the discrimination issue dismissed.
- cases
09/11/2014 21:34
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Kemeh v Ministry of Defence [2014] EWCA Civ 91
Appeal against an EAT decision which overturned an ET ruling that an employee was acting as an agent of the respondent and therefore the claimant could make a claim of race discrimination against the respondent. Second appeal against the EAT’s reduction in the injury to feelings award made by the ET. Both appeals dismissed.
- cases
12/02/2014 18:32
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Remploy Ltd v Campbell & Anor UKEAT/0550/12/JOJ
Appeal against a finding that the first respondent was liable as principal for acts of race discrimination committed by the second respondent as agent. Appeal allowed and remitted to the same Tribunal for it to determine questions of implied authority and/or ratification on a proper legal basis, having heard any further evidence it required and having received further argument.
- cases
21/11/2013 12:41
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Ministry of Defence v Kemeh UKEAT/0249/12/SM
Appeal against a ruling which upheld the claimant’s claim of race discrimination, and against the award for injury to feelings. Appeal allowed.
- cases
13/03/2013 12:35
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London Borough of Hackney v Sivanandan [2013] EWCA Civ 22
Appeal against a decision that the ET had no power to apportion, as between the Council and the individual respondents, their joint liability to the claimant for the statutory tort of unlawful discrimination. Appeal dismissed.
- cases
29/01/2013 17:50
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Commissioner of the Police of the Metropolis v Weeks UKEAT/0130/11/JOJ
Appeal against a decision by the ET that the respondent was responsible for the acts of sex discrimination by an officer of the City of London Police who line managed the claimant, a civilian employee of the respondent. Appeal dismissed.
- cases
20/01/2012 13:27
