Thomas Sanderson Blinds Ltd v English (No. 2)

Article Index
Overview

To determine whether or not an employee has been harassed, his or her own perceptions and feelings must be explored to determine whether the effect of the unwanted conduct was to violate his or her dignity or create an adverse environment. A tribunal should then decide whether or not it was reasonable for the employee to hold this feeling or perception, and if it is then the conduct complained of will amount to harassment. The EAT upheld a tribunal’s decision to reject a harassment claim, having taken into account evidence that the employee had previously engaged in similarly offensive conduct, and made no complaint until he deemed that one particular incident to go too far.
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