SECTION A - SH

Question 1

Under which section of the EA10 is SH covered?

a) s83
b) s26
c) s40
d) s123

Answer 1

Section 26

Question 2

Who is eligible to bring a claim of SH under the EA10?

a) only employees
b) only workers
c) employees and workers
d) only job applicants

Answer 2

Employees and workers

Question 3

What is the time limit to bring a claim of SH under the EA10?

a) 6 months from the incident
b) 1 year from the incident
c) 3 months, less a day, from the incident.
d) no time limit

Answer 3

3 months, less a day, from the incident.

Question 4

In Cleaning Co Ltd v Heads (1995), what was the Employment Appeal Tribunal’s recommendation?

a) implement stricter punishment .
b) different method should be used instead of grievance procedure.
c) multiple witnesses.
d) employer is not to be held liable.

Answer 4

Different method should be used instead of grievance procedure.

Question 5

Which of the following is NOT considered a type of sexual harassment?

a) unwanted sexual advances
b) offensive sexual jokes
c) complimenting a colleague’s outfit.
d) sending inappropriate emails

Answer 5

Complimenting a colleague’s outfit

Question 6

(FIB) Under _____ liability, an employer can be held responsible for harassment committed by an employee in the course of their employment.

Answer 6

Vicarious

Question 7

(FIB) If sexual harassment was not intended, a tribunal will consider its effect on the victim, other circumstances of the case, and whether it was ____ for the conduct to have that effect.

Answer 7

Reasonable

Question 8

(FIB) Under the Vento guidelines, the highest band for injury to feelings compensation is between £____ and £_____.

Answer 8

£27,400-£45,600

Question 9

(T/F) If an employee is harassed but does not suffer financial loss, they cannot claim compensation.

Answer 9

False

Question 10

(T/F) If an employee fails to follow the ACAS Code, a tribunal can increase compensation by up to 50%.

Answer 10

False (up to 25%)

Question 11

(T/F) Exemplary damages are intended to compensate the victim rather than punish the wrongdoer.

Answer 11

False

Question 12

What is the key requirement for an act to be considered SH under the EA10?

Answer 12

It must be unwanted conduct of a sexual nature that violates dignity or creates a hostile, degrading, humiliating, or offensive environment.

Question 13

How can an employer avoid vicarious liability for SH claims?

Answer 13

By showing they took “all reasonable steps” to prevent the harassment, such as training, policies, and enforcement.

Question 14

What types of damages can be awarded to a victim of SH?

Answer 14

Compensation (for financial loss and injury to feelings, aggravated damages, exemplary damages, and personal injury compensation).

Question 15

What evidence might a claimant present to prove SH?

Answer 15

Witness statements, emails, messages, company policies, past complaints, and the employer’s response to similar claims.

Question 16

What role does the ACAS Code play in SH claims?

Answer 16

Provides guidance on handling workplace disputes, and failure to follow it can lead to increased or reduced compensation in a tribunal.

Question 17

(FIB) the burden of proof is on the _____ to establish that harassment occurred.

Answer 17

claimant

Question 18

(FIB) To reduce liability, employers must show they took “_______ _______” to prevent the harassment.

Answer 18

all reasonable steps

Question 19

(T/F) Employers cannot be held liable for acts of sexual harassment committed at after-work social events.

Answer 19

false

Question 20

(T/F) A single unwanted comment of a sexual nature can qualify as sexual harassment.

Answer 20

True