Podcast Location:
Download it here [file size: 18.6 MB]
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This two part CPDcast aims to examine the laws surrounding harassment, discrimination and stress in the workplace.

Part 1 will seek to provide the listener with an understanding of the key definitions found in discrimination legislation. This part will also look at the significant cases that have shaped the development of this area of employment law. It also aims to shed some light on liability for sexual harassment by third parties.

Outcomes:
After completing the course you will:
  • Know the statutory basis for harassment claims;
  • Understand the definitions of harassment and sexual harassment;
  • Know how the courts determine whether or not harassment has occurred;
  • Appreciate the limitations to the legal definition of harassment;
  • Understand the 3 main categories of harassment, namely single incident cases; course of conduct cases and failure to investigate or protect cases;
  • Know the issues in the case of Stephen English v Thomas Sanderson Limited;
  • Appreciate the importance of the recent case of Coleman;
  • Know the implications of the case of G Sani;
  • Understand the issues raised in McGee v Westcot Credit Services;
  • Know the issues surrounding liability for harassment by third parties.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Legislative Updates
Sources and References:
  • The Equal Treatment Directive (2002/73/EC);
  • Sex Discrimination Act 1975 (Amendment) Regulations 2008 (2008/656);
  • Equal Treatment Directive (72/207/EC);
  • Equal Opportunities Commission v DTI [2007] IRLR 327;
  • Sex Discrimination Act 1975;
  • Reed and Bull Information Systems v Stedman [1999] IRLR 299;
  • Balgobin v London Borough of Tower Hamlets [1987] IRLR 401;
  • Race Relations Act 1976;
  • Protection from Harassment Act 1997;
  • Porcelli v Strathclyde Regional Council [1996] IRLR 134;
  • Barclays Bank PLC v Kapur (no 2) [1999] 134;
  • Insitu Cleaning Co Ltd v Heads [1995] IRLR 4;
  • Bracebridge Engineering Ltd v Derby [1990] IRLR 3;
  • Stephen English v Thomas Sanderson Limited [2008] EWCA Civ 1421;
  • Employment Equality (Sexual Orientation) Regulations 2003;
  • Coleman v EBR Attridge Law LLP (1) S Law (2) [2008] IRLR 722;
  • G Sani v (1) All Saints Haque Centre (2) D Bungay (3) S Paul UKEAT/0227/08/ZT;
  • McGee v Westcot Credit Services Limited and others (S/133179/2007);
  • Employment Equality (Religion and Beliefs) Regulations 2003;
  • Burton v De Vere Hotels [1996] IRLR 596;
  • Pearce v Governing Body of Mayfield Secondary School and MacDonald v Advocate General for Scotland [2003] IRLR 512.

In this two part CPDcast series, Rachel Dineley and Paula Jefferson from Beachcroft LLP, discuss the laws pertaining to harassment, discrimination and stress in the workplace.

In Part 1, they examine harassment under discrimination legislation, discuss recent trends and cases and consider liability for sexual harassment by third parties.

Podcast added: 21/07/09

Podcast last reviewed: 2011-05-31

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