Sexual Harassment Outside Work Hours: Tribunal to Reassess Employer Responsibility

The Employment Appeal Tribunal (EAT) has ordered a fresh hearing in a case that raises important questions about employer liability for sexual harassment outside work. The case centres on whether an employer can be held responsible for harassment that occurred beyond normal working hours and away from the physical workplace.

The appeal was brought by a woman, identified as AB, against Grafters Group Ltd, a hospitality recruitment agency trading as CSI Catering Services International. She alleged that a colleague, CD, sexually harassed her when giving her a lift after she mistakenly believed she had been scheduled to work at a racecourse.

Original Tribunal Decision Overturned

The Employment Tribunal originally accepted that harassment had taken place but ruled the company was not responsible. It found CD was not acting “in the course of employment” because the shift had been cancelled, he was off duty, and the lift was a personal arrangement unknown to the employer.

The EAT said this approach was legally flawed. It held the tribunal should have considered whether there was nevertheless a sufficient connection with employment to bring the harassment within the scope of section 109 of the Equality Act 2010.

Key Factors for Reconsideration

In particular, the tribunal should have assessed whether giving the lift was an “extension” of the workplace, and whether CD’s earlier conduct while on shift – including sending AB sexually explicit messages – formed part of a course of conduct leading to the later incident. AB’s belief that she was due to work was also relevant, especially if CD exploited that belief in offering transport.

The EAT did not decide that the harassment was carried out in the course of employment. Instead, it remitted the case to a new tribunal to reconsider the question in light of its findings.

Implications for Employers

The judgment underlines that harassment can potentially fall within the Equality Act even if it occurs outside working hours or away from the workplace, provided there is a close enough link with employment.

Need Advice on Employer Liability and Harassment Claims?

This case highlights how workplace boundaries are not always confined to office hours or physical locations. Under the Equality Act 2010, employers may still be held liable for harassment if there’s a sufficient connection to employment—even outside the workplace.

If you would like more information about the issues raised in this article or any aspect of employment law, please get in touch.