Harassment at work is usually carried out by individuals – but under UK law, employers can still be held responsible. This is because of a legal principle called “vicarious liability”, which means a business can be liable for harassment carried out by an employee if it happened “in the course of employment.”

What does “in the course of employment” mean?

It doesn’t just mean behaviour that takes place at someone’s desk or during office hours. The Employment Appeal Tribunal (EAT), in AB v Grafters Ltd, has reminded us that the term is interpreted broadly.

In that case, an agency worker was harassed by a colleague who had offered her a lift home after she turned up for a shift she wasn’t rostered to work. The EAT said the harassment could still be considered connected to work, even though it happened in a car, not the workplace.

Key points from the case:

  • Broad scope: Harassment doesn’t have to happen in the office or during work hours to be the employer’s responsibility.
  • Connection matters: If the workplace provided the opportunity (a “springboard”) for the conduct, it may still be “in the course of employment.”
  • Employer awareness irrelevant: It doesn’t matter whether the employer knew or approved of the conduct.

What this means for HR

  • Anti-harassment policies and training must cover any situation linked to work – not just the workplace itself.
  • This includes work socials, client events, and even private settings where colleagues interact because of work.
  • Remind staff that professional standards apply wherever work provides the context.

Speak to Jon Dunkley

Jon is a Partner at Wollens and can advise you. Contact Jon via email jon.dunkley@wollens.co.uk or call 01271 341021.

Jon Dunkley - Wollens Solicitors Devon

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.

Related News & Insights

3 minute read
When 25% becomes 2.5%: a useful reminder on Acas Code uplifts - Wollens Solicitors Devon

When 25% becomes 2.5%: a useful reminder on Acas Code uplifts

Read Article
3 minute read
Belief discrimination: where are we now? - Wollens Solicitors Devon

Belief discrimination: where are we now?

Read Article
3 minute read
Training cost clawbacks: when does repayment become an unlawful restraint? - Wollens Solicitors Devon

Training cost clawbacks: when does repayment become an unlawful restraint?

Read Article
3 minute read
Third-party harassment is coming back: are you ready? - Wollens Solicitors Devon

Third-party harassment is coming back: are you ready?

Read Article
3 minute read
Sexual harassment training: When does training become ‘stale’? - Wollens Solicitors Devon

Sexual harassment training: When does training become ‘stale’?

Read Article
3 minute read
Equal pay, but not just for sex? Government consults on a major rethink of pay discrimination - Wollens Solicitors Devon

Equal pay, but not just for sex? Government consults on a major rethink of pay discrimination

Read Article
1 minute read
Sticking to the legal minimum is not necessarily good HR practice - Wollens Solicitors Devon

Sticking to the legal minimum is not necessarily good HR practice

Read Article
2 minute read
The right to be accompanied: don’t ask, don’t get? - Wollens Solicitors Devon

The right to be accompanied: don’t ask, don’t get?

Read Article