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 as set out in the Race Relations Act (Amendment) Regulations 2003 applies only to discrimination on grounds of race or ethnic or national origins. The Regulations define such harassment as unwanted conduct which violates the victims dignity or which creates an intimidating, hostile, degrading, humiliating or offensive environment for them. The Regulations however do not cover harassment relating to colour or nationality. This kind of harassment is defined as less favourable treatment and may thus constitute direct race discrimination.

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.

 

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