Pupils Teach School Lessons

By s.3.2 Race Relations Act 1976 an employer is liable for the discriminatory acts of its employees and agents unless it has taken all reasonable steps in advance to prevent that sort of conduct. Similar provisions exist in the sex and disability legislation. But does an employer also have a duty to take steps to protect employees from actions or comments made by unconnected third parties?

The Employment Appeal Tribunal decision in the case of Burton and Rhule v De Vere Hotels Ltd in 1996 received considerable media attention due to the involvement of Bernard Manning. Two black waitresses claimed that they had been racially discriminated against by their employer in that the Hotel management failed to take steps to stop them being exposed to racist abuse by Mr Manning and members of his audience at a function in the Hotel. The issue was whether the employer could be liable for the abuse under the Race Relations Act even though neither Mr Manning nor his audience were Hotel agents or