An HR professional faces cross-examination by a barrister. The business claims that all reasonable steps were taken to prevent sexual harassment, but will this stand up to scrutiny when challenged?
An employer can defend a claim that it is vicariously liable for acts of harassment committed by its employees that occur in the course of their employment if it can show that all reasonable steps were taken to prevent that harassment from taking place (the ‘reasonable steps’ defence). This mock cross examination workshop will explore:
- The questioning that a witness is likely to face in a Tribunal where an employer is relying on the ‘reasonable steps’ defence.
- The standards that the Tribunal will apply in determining whether “all reasonable steps” have been taken to prevent harassment.
- The new positive duty to take reasonable steps to prevent sexual harassment under the Worker (Amendment of Equality Act 2010) Protection Act 2023, and what this will mean, in practice, for employers.
Format of the session
- Scene setting
- Input from participants as to the questions they would ask the HR professional in cross-examination
- Cross-examination by a barrister [Sam Nicholls, Devereux Chambers]
- Submissions
- Voting on the outcome by participants
- Judgment given by Stuart Neilson Pinsent Masons partner and Employment Judge
- Questions from participants and discussion around the new positive duty under the Workers Protection Act 2023
Places are capped to a maximum of 30 delegates. Early booking is recommended.