ways2work - Parents and carers
Vicarious liability for discrimination, sexual harassment and similar behaviour
A complaint about discrimination, sexual harassment, victimisation and authorisation of such behaviour may be made, not only against the individuals who behaved offensively, but also against others who are responsible for them, such as their employer (or, in the case of an agent, their ‘principal’). If the employer or principal is held responsible for the acts of those employees or agents, this is known as 'vicarious' liability. However, if an employer or principal has taken 'reasonable precautions' to prevent the offending behaviour, that will be a defence to a claim of vicarious liability. Reasonable precautions include taking steps such as developing good policies, training staff and others about acceptable behaviour and having procedures in place to anticipate and address any potential problems quickly and sensitively.
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