Harassment: a Q&A session with barrister Paul Livingston
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Barrister Paul Livingston of Outer Temple Chambers (https://www.outertemple.com/barrister...) discusses the law of harassment and answers questions from the public.
You'll learn:
what is the definition of harassment?
what do each of the constituent elements ('conduct', 'unwanted' and 'related to') mean?
third party harassment
the statutory defence
And Paul Livingston answers the following questions:-
0:00 intro
0:58 Paul Livingston explains the law on harassment
13:11 what happens if the complainant goes along with the harasment?
15:45 is having a policy enough to succeed in establishing the statutory defence?
19:06 what can small employers to to avoid harassment issues?
20:43 what do you if an employee facing a disciplinary claims harassment?
22:38 how readily do tribunals infer a protected characteristic is the reason for treatment?
23:45 do direct discrimination claims add anything to harassment claims?
24:10 what should employers do if a complainant is reluctant to sign a statement because of the risk of retailiation?
28:28 is calling somebody a 'paedophile' likely to amount to conduct based on a protected characteristic?
29:50 how far does the duty to make reasonable adjustments extend to permitting a disabled employee who does not realise they are harassing somebody, to do so?
32:25 is it fair to dismiss a male employee, where a female employee who went on a date with him complaints of sexual harassment?
34:44 can harassment claims based on perceived disability be brought (eg where the employer knows the victim isn't disabled, but uses disability as an insult)?
35:53 how can an employer defend an unwanted touching allegation where touching is a normal part of the job (eg in a busy kitchen)?
38:25 what view do tribunals take of covert recordings?
39:51 what level of injury to feelings does one see in sex harassment claims?
41:10 what advice would you give to someone who is sleeping with a colleague?
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WHO AM I:
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website (http://www.danielbarnett.co.uk) and work out of a set of Chambers in London (http://www.outertemple.com). I have a weekly podcast (http://employmentlawmatters.buzzsprou...) and am often asked to speak on the national and international legal and HR lecture circuits. I’ve written about fifteen legal textbooks (the main one is http://www.employmentlawhandbook.co.uk) and run a membership club for smart, ambitious HR Professionals (http://www.hrinnercircle.co.uk). I present the legal hour on LBC Radio, the UK’s leading commercial talk radio station (http://www.lbc.co.uk).
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IMPORTANT INFORMATION:
The information in this video is for general guidance only and, although I believe it was correct at the time it was recorded (April 2020), the law may have changed since then. You should always seek your own independent legal advice.
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