header-logo header-logo

Strong words

01 August 2014 / Mark Whitcombe
Issue: 7617 / Categories: Features , Employment
printer mail-detail

The elements of harassment have been re-emphasised, observes Mark Whitcombe

In the recent case of Betsi Cadwaladr University Health Board v Hughes and others (UKEAT/0179/13) Mr Justice Langstaff reviewed the leading authorities on harassment under s 26 of the Equality Act 2010 (EqA 2010) and cautioned tribunals against setting the bar too low.

The claimant had contracted Parkinson’s and could no longer do clinical work. Her grade and pay were maintained by the creation of a non-clinical post which was initially meaningful but through a series of events became menial. The employment tribunal concluded that the menial nature of the non-clinical post and a number of other matters constituted unwanted conduct which had the effect of violating dignity and of creating a demeaning environment. The claim for harassment because of disability was upheld on that basis.

Decision of the EAT

Although it upheld the overall conclusion reached by the tribunal, the Employment Appeal Tribunal (EAT) considered that some of the individual matters found by the tribunal to constitute harassment did not themselves justify that finding,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll