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?
It doesn’t just mean behaviour that takes place at someone’s desk or during office hours. The Employment Appeal Tribunal (EAT), in AB v Grafters Ltd, has reminded us that the term is interpreted broadly.
In that 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.
- This includes work socials, client events, and even private settings where colleagues interact because of work.
- Remind staff that professional standards apply wherever work provides the context.
For further information, please contact Kerry Curd in the employment team on 01626 202406 or email KerryCurd@wbw.co.uk.
WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
