0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

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.

related opinions

Anti-social media - but when is it work related?

As the use of social media continues to increase, its overlap with working life is becoming more and more prevalent.

View blog

IR35 changes - six months and counting...

In his 2018 Autumn Budget, the then Chancellor, Phillip Hammond, announced a significant change to the way liability for IR35 breaches will be dealt with for private sector companies from April 2020.

View blog

Court of Appeal confirms all employment tribunal judgments must be published on the register, except in national security cases

Under the ET Rules, all judgments and accompanying written reasons must be published on a pubic register which the general public can access online.

View blog

Supreme Court backs employers seeking to enforce restrictive covenants: Tillman v Egon Zehnder Ltd

The Supreme Court in Tillman v Egon Zehnder Ltd has determined that where post-termination restrictive covenants (i.e. “non-compete” clauses) in employment contracts go further than reasonably necessary to protect an employer’s business interests, it can apply the ‘blue pencil test,’ severing the offending words and leaving the remaining enforceable clause in place.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up