I reported some time ago about a decision involving the retention of what are referred to as Prevention of Harassment Letters or Police Information Notices and a recent case has again shone the spotlight on how records of these are retained.
In R (on the application of T) v Metropolitan Police Commissioner  EWCA Civ 192, the applicant T had been served with a ‘Prevention of Harassment Letter’ by the police after an allegation made by a neighbour of a single incident of insulting behaviour. Continue reading
Can a claim for sex discrimination be brought against another employee alone and without also bringing a claim against the employer? Yes it can.
Most sex discrimination claims in the Employment Tribunal are brought against either the employer alone or the employer and the individual said to have discriminated. This is because an employer is nearly always vicariously liable for the discrimination and has the money to pay the compensation.
But, ‘nearly always’ is not the same as always. Employers have a statutory defence enabling them to avoid vicarious liability if they can show they took all reasonable steps to prevent discrimination. And sometimes the claim cannot be brought against the employer at all. The case of Hurst v Kelly UKEAT/0167/13/DM is an interesting example of this situation. Continue reading
Can a second claim for harassment be brought after a first one has been found to be out of time even where there are new incidents which are in time? In what might seem like a rather harsh recent decision, the answer was no.
In Agbenowossi-Koffi v Donvand Ltd t/a Gullivers Travel Associates UKEAT/0337/12/DM the claimant who was of black African origin complained in November 2009 that her supervisor had racially harassed her (the original complaint). In June 2011, she started proceedings in the Employment Tribunal. Continue reading
The utterly brilliant Eddie Izzard does a riff about looking ‘cool’ which starts with a description of the fashion circle. The proposition is that most people are in the ‘normal’ area of the circle but some look increasingly cool until they reach a point, the top of the circle, at which they look utterly ridiculous. His version is a tad ruder and a lot funnier.
Reading the sad case of Nowak v Nursing and Midwifery Council and another  EWHC 1932 (QB) it occurred to me that there is a similar phenomenon in harassment cases. Continue reading
Following the Scottish decision in Vaickuviene a couple of weeks ago, here is an English case on vicarious liability for harassment, which has also failed.
In Allen v Chief Constable of Hampshire Constabulary  EWCA Civ 967, the Claimant brought a claim that the Police Force was vicariously liable for a course of conduct of harassment by a serving Police Officer. Continue reading