Sexual Harassment - What Does "In the Course of Employment" Mean?
The following points:
it is the alleged harasser who must be acting in the course of employment;
the term "course of employment" should be interpreted widely in discrimination law, to protect employees at external events and/or outside working hours;
the tribunal will always need to consider carefully the factual background and details;
if the harassment takes place outside work/working hours the tribunal should consider whether there is a sufficient "nexus or connection with work."
This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client.
For further information please contact me at www.kmckernanlaw.com kevin@kmckernan.com or 718-317-5007.