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Legal Research Record Summary of Problem(S)

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Submitted By rocioloza
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Legal Research Record Summary of problem(s)

Design and Dress Limited (DDL) has experienced problems due to the alleged harassment of one of their employees, Susie Baker, by another employee, Stephen Harding which, despite internal investigation, has now lead to a formal police report. Can DDL be held be liable for damages in respect of a possible civil claim for harassment; if so on what legal basis and to what degree.

Key words or phrases

Harassment Protection from harassment Employer’s liability Vicarious liability Damages/sanctions in harassment cases

Obvious sources/areas of law

Halsbury’s Laws Practitioner texts Statutes Statutory Instruments Case law

Client objective(s)

To ascertain whether DDL can be held liable for any damages in respect of civil proceedings concerning the harassment alleged, notwithstanding that
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their internal complaints procedure was complied with. If so, to what degree is there anything they can do to placate the issue, and are there any steps they should be taking now.

Record of research undertaken

SECONDARY SOURCES

Hard Copy Sources

Practioner’s Texts I looked in a text called Smith and Wood’s “Employment Law”, 9th Edition. → index – looked up “vicarious liability”, specifically relating to discrimination → pp 282 – 285

This reference related to sexual discrimination, not relevant in this search but noted that s 41(1) of the Sexual Discrimination Act makes the employer vicariously liable for discrimination perpetrated by the complainant’s fellow employees in the course of their employment, whether or not it is done with

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the employer’s knowledge or approval, but that a defence was available under s 41(3) where the employer took reasonable steps to prevent such conduct.

Need to check if there is such a

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