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Employment Law - Relevant Legislation, Rights and Duties: Duty of Mutual Trust and Confidence, Sex Discrimination Act 1975, and Vicarious Liability.
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Alistair Courage Employment Law Assignment 1 Part B Case 1 Relevant Legislation, Rights and Duties: o Duty of Mutual Trust and Confidence o Sex Discrimination Act 1975 o Vicarious Liability The legal position There is an implied term of a duty of mutual trust and confidence that has been breached in this situation. Sexual harassment is not specifically provided for in the Sex Discrimination Act (SDA) 1975 but there have, however, been cases where the Employment Appeal Tribunal has used the act to show a breakdown of mutual trust and confidence. Reed and Bull v Steadman [1999] for example outlines a case where a managers bullying behaviour towards a secretary amounted to sexual harassment in breach of section 6(2) SDA 1975. The employee was held to have been forced to leave her employment as a result of this breach and was entitled to claim for constructive dismissal resulting from discrimination. The EAT considered that sexual harassment was 'shorthand...
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