Employer Liability For Sexual Harassment

Employers can be held responsible for discriminatory behaviour on the part of their employees if that behaviour is carried out "in the course of employment", a loose definition which also includes social gatherings organised by work.

However, if the employer can demonstrate that they had taken preventative measures to minimise the chances of a discriminatory act occurring, they may have a valid defence against future claims.

The European Recommendation and Code of Practice on the Dignity of Women and Men at Work gives employers specific recommendations on how to prevent sexual harassment. If a case is brought against an employer, compliance with these guidelines will go a long way to convincing an Employment Tribunal that the employer is not liable.