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May 12, 2021

Lords seek to limit effects of ‘Bernard Manning case’ rule

first_imgRelated posts:No related photos. Comments are closed. Lords seek to limit effects of ‘Bernard Manning case’ ruleOn 1 Jul 2003 in Personnel Today The rule established in the famous ‘Bernard Manning case’ that employers canbe liable for acts of discrimination by non-employees has had its teeth removedby the House of Lords. Commenting in a recent discrimination judgement, the Lords sought to limitthe effect of the Burton v De Vere Hotels case of 1996, where the owners of ahotel were found liable for discrimination of black waitresses who sufferedwhile staffing an event at which the comedian told racist jokes. The EAT ruled in that case that employers may be liable for the actions ofthird parties outside their employment where they have some control overwhether the harassment is allowed to continue and they do nothing about it.This principle has since been relied on in other claims. Now the House of Lords has said employers will only be liable for acts ofsexual or racial harassment by a third party if it fails to take steps toprevent or stop the harassment because of the employees’ sex or race. “If this is correct, there is a much higher standard of proof than hadbeen thought for someone seeking to show that an employer is liable fordiscriminatory acts by third parties,” said Adam Turner of Lovells. Previous Article Next Articlelast_img read more

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