Good News on a Reasonable Steps Defence
Campbell v Sheffield Teaching Hospitals NHS Foundation Trust & Hammond involved a racially abusive remark made by an employee (Mr Hammond) to a union representative (Mr Campbell) during a workplace conversation about union subscriptions. While the incident occurred on Trust premises, the Tribunal found it was not “in the course of employment” – and crucially, even if it had been, the Trust had taken all reasonable steps to prevent such conduct.
These included:
- Mandatory diversity training
- Clear behavioural standards
- Regular performance reviews linked to those values
This case is encouraging for two reasons. First, because the incident was not found to be “in the course of employment” so the employer was not vicariously liable. Second, because the Trust was found to have taken all reasonable steps to prevent the conduct so they would not have been liable anyway.
However, policies alone are not enough. Employers must ensure meaningful implementation and regular reinforcement to rely on this defence successfully.
That is where we can offer more good news:
To enable you to rely on this defence if necessary, we are offering a webinar on “Discrimination at Work – How to Take “Reasonable Steps” to Prevent It.”
This webinar will adopt a “train the trainer” approach, to equip you with the tools to run your own in-house training.
We will be running it twice, on Tuesday 23 September and Wednesday 8 October. It will last about 2 hours and will be on Zoom.
Places will be £100 per person plus VAT. For subscribers to our Employer Support Scheme, we are happy to offer a reduced rate of just £50 plus VAT. Please use the code ESS at the checkout.
To book please click here for the September course: https://www.eventbrite.co.uk/e/discrimination-at-work-how-to-take-reasonable-steps-to-prevent-it-tickets-1405515969099?aff=oddtdtcreator
And here for the October course: https://www.eventbrite.co.uk/e/discrimination-at-work-how-to-take-reasonable-steps-to-prevent-it-tickets-1416278510149?aff=oddtdtcreator
For those who want the assurance and additional support, we can also quote for provision and delivery of a training programme to your staff. If you would like a quote, please email ipettifer@keelys.co.uk