Course of employment


For an employer to be liable for harassment or discrimination by its employees, the wrongful behaviour must take place in the course of employment. This phrase has a wide meaning, and can cover out-of-work events such as office parties organised by the employer, and business trips. It is likely to capture any event that an employer expects workers to attend. For example, a works Christmas party would be covered, and maybe even a spontaneous after-party, if managers are present and the employer funds drinks and taxis. Everything depends on the specific facts of the case (see Bellman v Northampton Recruitment Limited [2018] EWCA Civ 2214). There can be harassment in the course of employment using social media, even though the worker posts the abuse online at home, using their own computer outside working hours.