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he shoots, she scores?

26 January 2011

Comments made by Sky Sport presenters Andy Gray and Richard Keys about lineswoman Sian Massey have barely left the headlines since Saturday.

Gray has already suggested that he will bring a claim for unfair dismissal but should he and Sky be more concerned about a sexual harassment claim? The remarks are likely to amount to sexual harassment under the Equality Act 2010. Comments do not need to be directed at an individual or intended to be overheard. An alleged victim of sexual harassment only needs to show that the perpetrator engaged in unwanted conduct of a sexual nature which had the purpose or effect of violating her dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Whilst Ms Massey was not an employee of Sky, Ms Jackson was and Sky could be vicariously liable for the comments unless they could show that they took all reasonable steps to prevent discrimination and, in any event, Gray could be personally liable.

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