The Employment Law Solicitors:

Bullying and Harassment

The Protection From Harassment Act 1997

Standard occupational stress claims are based upon common law negligence and many workplace bullying/harassment claims are brought on that basis (see section on occupational stress). However, following the case of Majrowski v Guy's & St. Thomas's NHS Trust (2006), claimant's now have the option of bringing a claim under the Protection from Harassment Act 1997.

In the Majrowski case, the Court of Appeal held that an employer can be held vicariously liable for acts of workplace bullying/harassment by their employees committed in the course of their employment against fellow employees and other third parties. The Majrowski case was upheld by the House of Lords on the 12th July 2006

To amount to workplace bullying/harassment in breach of the Act, a claimant must show that the alleged offender pursued a course of conduct amounting to workplace bullying/harassment which they knew, or ought to have known, amounted to workplace bullying/harassment, having regard to whether a reasonable person possessing the same information would think that the course of conduct amounted to workplace bullying/harassment. Hence, the conduct must be intentional and comprise of more than one act of misconduct. Further, the claimant will need to show that the employer either foresaw or ought to have foreseen that the type of injury the claimant sustained was a possible consequence of the offenders misconduct (i.e. workplace bullying/harassment)

Tribunal Claims For Harassment Based Discrimination Claims

Claims brought under The Protection From Harassment Act 1997 are brought in the civil courts. However, if the harassment is a form of sexual or racial harassment, or based upon age or disability discrimination, then the claimant has the option of bringing a tribunal claim.

Sexual Harassment

Sexual harassment is unlawful and is defined under the Employment Equality (Sex Discrimination) Regulations 2005 as any unwanted conduct that has the purpose or effect of violating a person's dignity or the creation of an intimidating, hostile, degrading, humiliating, or offensive environment. It also includes any unwanted verbal, non-verbal or physical conduct of a sexual nature that violates a person's dignity at work.

Racial Harassment

Harassment is defined as unwanted conduct which violates the victims dignity or which creates an intimidating, hostile, degrading, humiliating or offensive environment for them. Following changes introduced by the EA 2010, these regulations apply to claims relating to race, ethnic, and national origins, and colour and nationality.

Disability Related Harassment

This is defined as unwanted conduct that violates the victims dignity or which creates an intimidating, hostile, degrading, humiliating or offensive environment for them.

Age Related Harassment

Age related harassment is now illegal under the new Employment Equality (Age) Regulations 2006 which came into force on the 1st October 2006. Under the regulations, a person is unlawfully harassed for a reason relating to their age if they are subjected to unwanted conduct that has the purpose or effect of violating their dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment.

Changes Introduced By The Equality Act 2010

The law relating to harassment has been extended by The Equality Act 2010 with effect from October 2010 so that employees can bring a complaint for harassment (i.e. in relation to racial, sexual, sexual orientation, disability related, and age related harassment) even where it is not directed at them personally, so long as they can show that the harassment created an offensive environment for them to work in. Furthermore, employees can also bring a claim where third party harassment takes place. That is, employers can potentially be held accountable for harassment by persons they don’t employ (i.e. customers and suppliers).

The Employment Law Solicitors, the brand, is part of Antrobus Solicitors, a firm regulated by the Solicitors Regulation Authority. Details of the professional rules which regulate solicitors can be found at the following website address: http://www.rules.sra.org.uk

Associated Websites:

Areas Where We Have A Centre Local To You

Carlisle (harassment claims specialist solicitor here), Worcester, Durham (employment law solicitor here), Lincoln, Hereford (harassment claims specialist solicitor here), Canterbury (employment law solicitor here), Litchfield, Ripon (harassment claims specialist solicitor here), Bangor (harassment claims specialist solicitor here), Wells, St. David's, Luton (harassment claims specialist solicitor here), Bedford, Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Cumbria, Derbyshire, Dorset, Essex, Gloucestershire, Hampshire, Herefordshire, Kent, Leicestershire, Lincolnshire, Middlesex, Norfolk, Northamptonshire, Oxfordshire, Shropshire, Somerset, Suffolk, Sussex, Warwickshire, Wiltshire, Worcestershire, Reading, Newbury, Anglesey, Gwent, Clwyd, Gwynedd, Dyfed, Powys, Bath, Brighton, Cambridge, Oxford (employment law solicitor here), Plymouth, Southampton, Stratford, York, Glamorgan, Cheltenham, Bradford, Wakefield, Coventry, Leicester, Sunderland, Hull (employment law solicitor here), Wolverhampton (harassment claims specialist solicitor here), Swansea, Salford, Ipswich (employment law solicitor here), Portsmouth (harassment claims specialist solicitor here), Peterborough, Lancaster, Newport, Preston, St. Albans, Norwich, Chester, Salisbury, Exeter, Gloucester, Chichester, Winchester (employment law solicitor here), Cleveland, Tyne and Wear, Northumbria, Wrexham, Cardiff, Manchester (harassment claims specialist solicitor here), Liverpool, London (harassment claims specialist solicitor here), Birmingham (harassment claims specialist solicitor here), Derby (harassment claims specialist solicitor here), Bradford, Cheshire, Lancashire, Yorkshire, Newcastle, Birmingham, Devon, Cornwall, Sheffield (employment law solicitor here), Staffordshire, Leeds (harassment claims specialist solicitor here), Nottingham, Bristol (employment law solicitor here), Stoke (harassment claims specialist solicitor here).

We can also do home visits. Please see a list of areas in which we conduct home visits on our local contact points page

Local Centres Where We Can Offer Appointments Out Of Hours

At the following Local Centres, we can also offer appointments outside the normal office hours of 9am - 5pm:-

Manchester Business Park, Manchester
Exchange Quay, Manchester
King Street, Manchester
Exchange Flags, Liverpool
Cheadle Royal Business Park, Cheadle, Cheshire
Chester Business Park, Chester, Cheshire
Crab Lane, Warrington, Cheshire
City West, Bradford
Fenton, Stoke-on-Trent
The Pavilions, Preston, Lancashire
Thorpe Park Business Park, Colton, Yorkshire

Newcastle Quayside, Newcastle
Victoria Square, Birmingham
Exeter Business Park, Exeter, Devon
Cambourne, Cornwall
Hammersmith Road, London
Eccleshall Road, Sheffield
Princes Exchange, Leeds
Dumfries Place, Cardiff
Aztec West, Temple Quay, Bristol
Pegasus Business Park, Nottingham
Watling Court, Cannock, Staffordshire

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