Employer May Be Liable For Third Party Harrassment

25th October 2011

Third Party Harrassment

The case of Sheffield City Council –v- Narouzi may be of concern to all employers. Here the Employment Appeal Tribunal (EAT) held that the Employer (Sheffield City Council) was liable for acts of harassment carried out by a child in a Care Home against one of its employees.

In this case, the employee was Iranian and employed by the Council as a Residential Social Worker at a home for troubled children. One of the children was regularly offensive to him on the grounds of race; often mocking his accent and saying that he should go back home.

Upset by this behaviour, Mr Narouzi went on sick leave and subsequently brought a claim of harassment against the Council. It was held that the Council, despite being informed of the harassment, did not act to prevent the behaviour. As a result of the Council’s inaction, it was held liable for the harassment. The Council’s appeal failed.

Daven Naghen, head of the Employment Team commented as follows:-

“This is a serious warning to all employers. If you become aware or ought to be aware that your staff are being harassed at work on the grounds of race, sex, religion etc by third parties such as clients, customers and suppliers etc then you must act. You have a duty to protect the employee and try to prevent the harassment. If you do not act, or fail to do what is reasonable then you may face a big claim. If a client, customer or supplier is harassing a member of your staff then at the very least you will have to warn that third party against such future conduct and possibly also warn them that you may have to end your business relationship if the offending conduct continues. If the offending conduct then continues you may then have to end the business relationship to avoid a possible harassment claim. However each case will depend upon its own facts. You should seek legal advice if this sort of scenario arises within your own business.”

If you need advice on such matters then please contact either Daven Naghen on 01775 722261, daven.naghen@maplessolicitors.com or at 23 New Road, Spalding, Lincolnshire PE11 1DH or Gemma Mayer on 01775 722261, gemma.mayer@maplessolicitors.com or at 23 New Road, Spalding, Lincolnshire PE11 1DH.

Testimonials

Jamie Dobbs FCILEx

"I should like to take this opportunity to express my very sincere and grateful thanks for Jamie's unfailing helpfulness and efficiency in all aspects of the handling of my late stepmother's estate. Jamie have always replied to my (many!) queries promptly and comprehensively which has been a enormous help throughout what I know can be a fraught and stressful process. Sadly, it is increasingly rare these days to experience the highs standards of service that Jamie has provided."

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

James Turner BA

James Turner was extremely helpful with our buying process. Everything went smoothly. We are very happy with the level of professionalism demonstrated by the office. Highly recommended solicitors. Will definitely do business with them again.

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs GCILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.