When Does Work Really End? The Hidden Risks of ‘Course of Employment’ in Sexual Harassment Cases

When the Worker Protection Act came into force in October 2024, it imposed a crucial shift in responsibility for employers: The duty to take reasonable steps to prevent sexual harassment of employees in the course of their employment. See our previous blog on the duty here: https://www.proteanhr.com/post/navigating-the-new-sexual-harassment-prevention-duty-what-employers-must-do

Understanding "In the Course of their Employment"

This phrase does not only cover incidents that occur at the workplace or during working hours. It includes any behaviour by an employee linked sufficiently to their work duties or relationship to the employer. This can extend to:

• Off-site locations such as training courses, conferences, or work-related social events.

• Activities connected to work, even if outside normal hours—like traveling for work or work-related transport.

• Behaviour by employees not necessarily authorised or known by the employer but connected by a "sufficient nexus" to work.

  
  

This broad interpretation means employers must consider the context and relationship of any incident to work, not just the location or timing.

A Lesson from the Courts: AB v Grafters Group Ltd

In the case of AB v Grafters Group Ltd, the Employment Appeal Tribunal (EAT) revisited what it means for harassment to occur “in the course of employment”.

AB, a hospitality agency worker, accepted a lift from a male colleague (CD) to get to work. During the car journey, AB was harassed by CD, and when AB reported the incident to the employer, they failed to take any action. AB resigned and brought a claim for sexual harassment. 

Although the Employment Tribunal (ET) accepted that harassment occurred, it found the employer not liable, because CD had not acted in the course of his employment, i.e he was not carrying out  work activities at the time.

The Employment Appeal Tribunal disagreed, highlighting that the employer should be held accountable if there is a strong connection between the alleged conduct and employment. 

The EAT sent the case back to the ET to consider whether there was a sufficient connection between the incident and employment to make the employer liable. The ruling reinforces that employers may be responsible for their employees’ conduct beyond the traditional workplace or working hours where there is a sufficient connection with work. 

Practical Takeaways for Employers

• Recognise the complexity of "course of employment": Employers should understand that harassment can happen beyond the office, including while travelling for work or at work-related social events.

• Take all complaints seriously, regardless of time and place: Any conduct linked to an employee’s role or relationship with the employer should prompt an investigation and response.

• Adopt prevention strategies that cover all work-related contexts: Policies, training, and risk assessments should address off-site conduct and third-party interactions.

• Train managers to be alert to risks beyond the workplace: Awareness of how and where harassment can occur helps managers prevent escalation and respond appropriately.

  
  

What Prevention Looks Like in Practice

Employers should view compliance not just as a legal safeguard, but as a cultural opportunity. Practical steps include:

• Reviewing and updating relevant policies and procedures to reflect the statutory duty.

• Conducting regular training for managers and staff on inclusion, boundaries, and how to respond to concerns effectively.

• Performing risk assessments to identify environments or situations where harassment might occur—including offsite events and travel.

• Clearly communicating codes of appropriate behaviour where possible to third parties, such as contractors or clients.

• Creating safe reporting routes and ensuring that all concerns receive timely, supportive handling.

  
  

How Protean HR Can Support Businesses

At Protean HR, we work with organisations to ensure their culture, policies, and practices align with both legal compliance and real-world behaviour change. Our support includes:

• Reviewing and developing sexual harassment prevention frameworks aligned with the Worker Protection Act.

• Delivering manager and staff training focused on response, empathy, and accountability.

• Conducting policy audits and risk assessments to identify organisational blind spots.

• Assisting in conducting fair and thorough investigations when complaints arise.

• Supporting culture change initiatives that embed prevention into everyday behaviour.

  
  

Employers cannot afford to wait until a claim arises to assess whether their prevention measures were reasonable. The case of AB v Grafters Group is a timely reminder that liability can extend beyond the office walls—and the new duty means action must start now.

By partnering with Protean HR, you can transform legal obligations into practical tools for protecting staff and culture in every setting work touches. The AB v Grafters case underscores the importance of vigilance and proactive prevention measures that recognise the full scope of employment-related conduct.

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