Harassment of workers by third parties, eg customers
In Bessong v Pennine Care NHS Foundation Trust a mental health nurse was assaulted and racially abused by a patient. The employment tribunal held the employer was liable for ‘indirect discrimination’ under s.19 EqA, as regards its failure to ensure all racial abuse was reported. This part of the tribunal decision was not appealed, so it stands but is not a binding precedent.
The Employment Appeal Tribunal upheld the tribunal decision that the inaction by the employer was not harassment contrary to s.26 EqA, because the employer did not have a discriminatory motivation.
However the tribunal decision on indirect discrimination points up a way in which an employer may be liable here even if it does not have a discriminatory motivation. More: Harassment of employees>Harassment by third parties, such as customers or suppliers.
Summary guidance for judges etc
I’ve taken this off my main Appearing in court page and put it – with some changes – on a separate page Stammering in court: summary guide for judges, lawyers etc.
- Previous updates: Website updates September to October 2019.