How can EDI training help employers to defend an employment tribunal claim? How effective is a programme of EDI and "Behaviours at work" training in providing a defence for the employer...
United Kingdom Employment and HR
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How can EDI training help employers to defend an employment tribunal claim?
How effective is a programme of EDI and "Behaviours at work" training in providing a defence for the employer when an Employment Tribunal claim is brought under the Equality Act 2010 (the Act)? And when is an employee acting "in the course of their employment" when carrying out discriminatory conduct?
These issues were considered very recently in the Employment Appeal Tribunal (EAT) in the case of Campbell v Sheffield Teaching Hospitals NHS Foundation Trust and another.
The EAT confirmed the original decision in the Employment Tribunal that Mr Hammond , an employee of the NHS Trust, was not acting in the course of his employment when he had a heated argument with another employee, Mr Campbell, over Trade Union subscriptions. Also, the EDI and "Behaviours at work" training provided by the NHS Trust and undertaken by Mr Hammond provided grounds for the employer to successfully argue the statutory defence under the Equality Act that it had taken all reasonable steps to prevent Mr Hammond from abusing his colleagues.
Section 109 (1) Equality Act states "Anything...
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