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Employment Law Solicitors - Bullying and Harassment
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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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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
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The Employment Law Solicitors - handling cases nationwide:
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