In this month’s highlights, our team summarises the latest developments in UK employment law and their implications for employers. Catch up on August’s highlights here.

1. In AB v Grafters Group Ltd (t/a CSI Catering Services International), the Employment Appeal Tribunal (EAT) clarified the test for whether an employer is liable for acts carried out by one employee against another, in relation to such acts being “in the course of employment”.

What led to the dispute, and why is the outcome significant for employers?

• AB and a colleague, CD, worked from the Cardiff branch of the company. CD had driven AB to work several times; they had exchanged numbers and shared various messages, some of which from CD were sexual in nature.
• AB mistakenly thought she was due to work at Hereford Racecourse, and arrived at the company’s Cardiff branch, where she thought transport had been arranged to take her to her working location of Hereford Racecourse. CD, who was not working, offered to drive her.
• CD informed AB that she was not required to work that day and instead drove her to a golf course where CD subjected AB to sexual harassment. AB brought a claim for sexual harassment under the Equality Act 2010; however, the Employment Tribunal, while accepting that the harassment had occurred, dismissed the claim as CD was not acting “in the course of employment”.
• On appeal, the EAT found that the Tribunal had erred in law and upheld the appeal on all grounds. The EAT criticised the Tribunal...

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