December/January 2023/2024 (vol. 20/4)

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Expert Witness: Harassment and the law: Part 1

Part 1: the Equality Act – harassment and sexual harassment

Summary:

In the first of a two-part feature, OH law expert Diana Kloss explains the law on general harassment and sexual harassment at work – both of which can be significant causes of work-related stress.

There is now a considerable body of legislation and case law dealing with an employer’s liability for harassment of their employees. In its Stress Management Standards1, the Health and Safety Executive identified bullying by managers as one of the six factors likely to lead to employees suffering stress and resultant mental health problems. It was therefore an issue that should form part of a suitable and sufficient risk assessment as required by the Management of Health and Safety at Work Regulations 1999. The first of two articles will deal with harassment under the Equality Act 2010 and with recent legislation to introduce a duty on employers to protect against sexual harassment…

 

Diana Kloss is a barrister, former part-time employment judge, Acas arbitrator and author.

Author: Kloss D

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Occupational Health at Work December/January 2023/2024 (vol. 20/4) pp33-35

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