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Liability of employers for third party harassment in the UK
International Journal of Law and Management Pub Date : 2020-09-03 , DOI: 10.1108/ijlma-06-2020-0171
Sam Middlemiss

The #metoo movement in dramatic form brought the issue of sexual harassment in the workplace to the fore in all sectors and industries in the United Kingdom. Organisations that are perceived or reported to be involved in inappropriate sexual conduct can incur legal liability, attract adverse publicity and may suffer financially. One aspect of this is the liability of employers for sexual harassment perpetrated towards their employees by a third party. A third-party refers to someone that an employee interacts with as part of their job but who is not employed by the same employer as them. This could include; customers, clients, business contacts, staff who are not employed directly by the employer e.g. agency workers or staff who work for them in a self-employed capacity such as independent contractors. Harassment by a third party can be just as devastating for a worker as harassment by a colleague. In this article the current legal liability of an employer for acts of harassment perpetrated by third parties against their staff will be considered. This involves analysis of the complicated legal position of victims of third-party harassment. Consideration of the legal treatment of this issue in other jurisdictions will be undertaken to help identify the best way to change the law to better protect victims of third party harassment in the UK.

中文翻译:

雇主在英国对第三方骚扰的责任

#metoo运动以戏剧性的形式将工作场所的性骚扰问题引起了英国所有部门和行业的关注。被认为或报告涉及不当性行为的组织可能招致法律责任,引起不利的宣传,并可能造成财务上的损失。这方面的一个方面是雇主对第三方对雇员进行的性骚扰的责任。第三方是指与员工互动以作为其工作一部分的人,但与该雇主没有同一个雇主。这可能包括;客户,客户,业务往来,不是由雇主直接雇用的员工,例如代理人或以自雇身份为他们工作的员工,例如独立承包商。第三方的骚扰可能像同事的骚扰一样对工人造成毁灭性的破坏。在本文中,将考虑雇主当前对第三方对其员工实施的骚扰行为的法律责任。这涉及分析第三方骚扰受害者的复杂法律地位。将考虑在其他司法管辖区对此问题进行法律处理,以帮助确定改变法律以更好地保护英国第三方骚扰受害者的最佳方法。
更新日期:2020-09-03
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