Employer May Be Liable For Third Party Harrassment

25th October 2011
Employer May Be Liable For Third Party Harrassment image

Third Party Harrassment

The case of Sheffield City Council –v- Narouzi may be of concern to all employers.  Here the Employment Appeal Tribunal (EAT) held that the Employer (Sheffield City Council) was liable for acts of harassment carried out by a child in a Care Home against one of its employees.

In this case, the employee was Iranian and employed by the Council as a Residential Social Worker at a home for troubled children. One of the children was regularly offensive to him on the grounds of race; often mocking his accent and saying that he should go back home.

Upset by this behaviour, Mr Narouzi went on sick leave and subsequently brought a claim of harassment against the Council.  It was held that the Council, despite being informed of the harassment, did not act to prevent the behaviour.  As a result of the Council’s inaction, it was held liable for the harassment.  The Council’s appeal failed.

Daven Naghen, head of the Employment Team commented as follows:-

“This is a serious warning to all employers.  If you become aware or ought to be aware that your staff are being harassed at work on the grounds of race, sex, religion etc by third parties such as clients, customers and suppliers etc then you must act.  You have a duty to protect the employee and try to prevent the harassment.  If you do not act, or fail to do what is reasonable then you may face a big claim.  If a client, customer or supplier is harassing a member of your staff then at the very least you will have to warn that third party against such future conduct and possibly also warn them that you may have to end your business relationship if the offending conduct continues.  If the offending conduct then continues you may then have to end the business relationship to avoid a possible harassment claim.  However each case will depend upon its own facts.  You should seek legal advice if this sort of scenario arises within your own business.”

If you need advice on such matters then please contact either Daven Naghen on 01775 722261, daven.naghen@maplessolicitors.com or at 23 New Road, Spalding, Lincolnshire PE11 1DH or Gemma Mayer on 01775 722261, gemma.mayer@maplessolicitors.com or at 23 New Road, Spalding, Lincolnshire PE11 1DH.

The Will Writing Company Limited image

The Will Writing Company Limited

It has been reported that The Will Writing Company Limited, whose registered office is at Ergo House, Mere Way, Ruddington Fields Business Park, Nottingham, have ceased to practise.

If you made Wills using this company then it is probably worthwhile making contact with them in order to retrieve your Wills. Once you have your Wills you may wish to make an appointment with one of the lawyers in our Wills, Lasting Power of Attorney and Probate Team in order to review your Will to ensure it still accords with your wishes. We also offer a Will storage facility which is free of charge.

To review your Will please contact one of our lawyers in the Wills, Lasting Powers of Attorney and Probate Department:-

Jane Mawer- jane.mawer@maplessolicitors.com
Jamie Dobbs- jamie.dobbs@maplessolicitors.com
Faye Blair- faye.blair@maplessolcitors.com

Or telephone the office on 01775 722261 and ask to speak with one of the team.

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