Employer liability for harassment

Harassment at work is usually carried out by individuals – but under UK law, employers can still be held responsible. This is because of a legal principle called “vicarious liability” which means a business can be liable for harassment carried out by an employee if it happened “in the course of employment.”

What does “in the course of employment” mean?

This is interpreted broadly! It doesn’t just mean behaviour that takes place at someone’s desk or during office hours, as The Employment Appeal Tribunal (EAT) reminded us in AB v Grafters Ltd.

AB v Grafters Ltd

In this case, an agency worker was harassed by a colleague who had offered her a lift home after she turned up for a shift she wasn’t rostered to work. The EAT said the harassment could still be considered connected to work, even though it happened in a car, not the workplace.

Key points from the case:

• Broad scope
  Harassment doesn’t have to happen in the office or during work hours to be the employer’s responsibility.
• Connection matters
  If the workplace provided the opportunity (a “springboard”) for the conduct, it may still be “in the course of employment.”
• Employer awareness irrelevant
  It doesn’t matter whether the employer knew or approved of the conduct.

What this means for HR

• Anti-harassment policies and training must cover any situation linked to work – not just the workplace itself.
• The definition of work in this case includes work socials, client events, and even private settings where colleagues interact because of work.
• Educate, and remind staff regularly, that professional standards apply wherever work provides the context.

Further reading

• It’s time to learn the legal definition of harassment – Hunter Law
• Discrimination – Your rights – Gov.uk
• Your rights under the Equality Act 2010 – EHRC
• The Equality Act 2010 – Gov.uk
• Constructive criticism is not harrassment – Hunter Law

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