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Majrowski V Guy's And St Thomas' NHS Trust
''Majrowski v Guy's and St Thomas' NHS Trust'' 006UKHL 34is a UK labour law case holding that an employer will be vicariously liable for the harassment of an employee by another. Facts Mr William Majrowski was a gay man, and worked as a clinical auditor co-ordinator. He claimed that his manager, Sandra Freeman bullied and harassed him, in breach of section 1 of the Protection from Harassment Act 1997. He said this made the employer vicariously liable. The judge held there was no cause of action because section 3 created no statutory tort for which an employer could be vicariously liable. Judgment The House of Lords held that there was a new statutory tort for harassment in the Protection from Harassment Act 1997, and it made employers vicariously liable. It was not solely about stalking. This was supported by section 10(1) concerning Scotland. Lord Nicholls emphasised the overlap with European Directives’ common definition of harassment, meaning unwanted conduct violating the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vicariously Liable
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, ''respondeat superior'', the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee. Employers' liability Employers are vicariously liable, under the ''respondeat superior'' doctrine, for negligent acts or omissions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harassment
Harassment covers a wide range of behaviors of offensive nature. It is commonly understood as behavior that demeans, humiliates or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. In the legal sense, these are behaviors that appear to be disturbing, upsetting or threatening. Traditional forms evolve from discriminatory grounds, and have an effect of nullifying a person's rights or impairing a person from benefiting from their rights. When these behaviors become repetitive, it is defined as bullying. The continuity or repetitiveness and the aspect of distressing, alarming or threatening may distinguish it from insult. Etymology Attested in English from 1753, ''harassment'' derives from the English verb ''harass'' plus the suffix ''-ment''. The verb ''harass'', in turn, is a loan word from the French, which was already attested in 1572 meaning ''torment, annoyance, bother, trouble'' and later as of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bullied
Bullying is the use of force, coercion, hurtful teasing or threat, to abuse, aggressively dominate or intimidate. The behavior is often repeated and habitual. One essential prerequisite is the perception (by the bully or by others) of an imbalance of physical or social power. This imbalance distinguishes bullying from conflict. Bullying is a subcategory of aggressive behavior characterized by hostile intent, imbalance of power and repetition over a period of time. Bullying is the activity of repeated, aggressive behavior intended to hurt another individual, physically, mentally or emotionally. Bullying can be done individually or by a group, called mobbing, in which the bully may have one or more followers who are willing to assist the primary bully or who reinforce the bully by providing positive feedback such as laughing. Bullying in school and the workplace is also referred to as "peer abuse". Robert W. Fuller has analyzed bullying in the context of rankism. The Swedish-Norw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harassment
Harassment covers a wide range of behaviors of offensive nature. It is commonly understood as behavior that demeans, humiliates or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. In the legal sense, these are behaviors that appear to be disturbing, upsetting or threatening. Traditional forms evolve from discriminatory grounds, and have an effect of nullifying a person's rights or impairing a person from benefiting from their rights. When these behaviors become repetitive, it is defined as bullying. The continuity or repetitiveness and the aspect of distressing, alarming or threatening may distinguish it from insult. Etymology Attested in English from 1753, ''harassment'' derives from the English verb ''harass'' plus the suffix ''-ment''. The verb ''harass'', in turn, is a loan word from the French, which was already attested in 1572 meaning ''torment, annoyance, bother, trouble'' and later as of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Protection From Harassment Act 1997
The Protection from Harassment Act 1997 (c 40) is an Act of the Parliament of the United Kingdom. On introducing the Bill's second reading in the House of Lords, the Lord Chancellor, Lord Mackay of Clashfern, said, "The aim of this Bill is to protect the victims of harassment. It will protect all such victims whatever the source of the harassment—so-called stalking behaviour, racial harassment, or anti-social behaviour by neighbours." Home Office guidance on the Act says "The legislation was always intended to tackle stalking, but the offences were drafted to tackle any form of persistent conduct which causes another person alarm or distress." Infield and Platford described the Act as "controversial".Infield, Paul; Platford, Graham. The Law of Harassment and Stalking. Butterworths. London, Edinburgh, Dublin. 2000. p. x. Provisions Section 1 This section prohibits a person from pursuing "a course of conduct" which "amounts to harassment of another" and which "he knows or oug ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lister V Hesley Hall Ltd
''Lister v Hesley Hall Ltd'' 001UKHL 22is an English tort law case, creating a new precedent for finding where an employer is vicarious liability, vicariously liable for the torts of their employees. Prior to this decision, it had been found that sexual abuse by employees of others could not be seen as in the course of their employment, precluding recovery from the employer. The majority of the House of Lords however overruled the Court of Appeal, and these earlier decisions, establishing that the "relative closeness" connecting the tort and the nature of an individual's employment established liability. Facts A boarding house (Axeholme House) for Wilsic Hall School, in Doncaster was opened in 1979; the principal students to live there having behavioural and emotional difficulties. The claimants in the instant case had resided there between the years 1979 to 1982, being aged 12 to 15 during this time, under the care of a warden, who was in charge of maintaining discipline and the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dubai Aluminium Co Ltd V Salaam
''Dubai Aluminium Co Ltd v Salaam'' [2002UKHL 48is an English vicarious liability case, concerning also breach of trust and dishonest assistance. Facts Salaam's solicitors were seeking contribution for damages because of their former client. Mr Salaam had defrauded Dubai Aluminium Co Ltd. Mr Salaam's solicitors were Amhurst Brown Martin & Nicholson, and they had drafted documents for him. Amhurst's had been sued and had settled a $10m claim. Then, they sought contribution from Mr Salaam under the Civil Liability (Contribution) Act 1978. This required showing that Amhurst's was liable for wrongful acts by Mr Anthony Amhurst, under the Partnership Act 1890 section 10. Judgment Court of Appeal The majority of the Court of Appeal, 001QB 113 Evans LJ and Aldous LJ, held that the firm was not vicariously liable for the dishonest acts of Mr Salaam, and so was not entitled to a contribution from Mr Salaam for settling the claim by Dubai Aluminium. Turner J dissented. Mr Salaam argued t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Race Relations Act 1976
The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race. The scope of the legislation included discrimination on the grounds of race, colour, nationality, ethnic and national origin in the fields of employment, the provision of goods and services, education and public functions. In the field of employment, section 7 of the Act extended protection to "contract workers", that is, someone who works (or is prevented from working) for a person but is employed not by that person ("the principal") but by another person, who supplies the worker under a contract between the principal and the worker's employer. Typically this clause protects the rights of agency workers to be protected from racial discrimination. This provision was reviewed in a 2010 legal case, Leeds City Council v Woodhouse and Another,Leeds City Council v Woodhouse & Anor 010EWCA Civ 410 in which the courts opted for "a broad reading" of secti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Employment Equality Law
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the Protection from Harassment Act 1997. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the Trade Union and Labour Relations ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Workplace Harassment
Workplace harassment is the belittling or threatening behavior directed at an individual worker or a group of workers. Recently, matters of workplace harassment have gained interest among practitioners and researchers as it is becoming one of the most sensitive areas of effective workplace management, because a significant source of work stress is associated with aggressive behaviors at workplace. In Asian countries, workplace harassment is one of the poorly attended issues by managers in organizations. ISSN: 2223-4543PDF/ref> However, it attracted much attention from researchers and governments since the 1980s. Under occupational health and safety laws around the world, workplace harassment and workplace bullying are identified as being core psychosocial hazards. Overbearing supervision, constant criticism, and blocking promotions are all considered workplace harassment. Definition Workplace harassment is also known by many other names. "Mobbing", "workplace bullying", "workplace ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Labour Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
