The Protection From Harassment Act 1997
Occupational stress claims are commonly based upon common law negligence, and some workplace bullying and harassment claims are brought on that basis (see section on
occupational stress). However, following the case of Majrowski v Guy’s and St Thomas’s NHS Trust (2006), claimants may also bring civil claims under the Protection from Harassment Act 1997.
In the Majrowski case, the House of Lords confirmed on 12 July 2006 that an employer can be held vicariously liable for acts of workplace bullying and harassment committed by employees in the course of their employment, including harassment of fellow employees.
To establish harassment under the Act, a claimant must show that the alleged offender pursued a course of conduct involving at least two occasions which amounted to harassment and which they knew, or ought to have known, amounted to harassment. The test is whether a reasonable person possessing the same information would consider the conduct to amount to harassment. The conduct must be sufficiently serious to constitute harassment, but there is no requirement to prove that the offender intended to cause distress. Nor is it necessary to establish that the employer foresaw the particular injury suffered by the claimant in order for vicarious liability to arise.
Sexual Harassment
Sexual harassment is defined under section 26(2) of the Equality Act 2010 as unwanted conduct of a sexual nature which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. The conduct does not have to be directed at the person bringing the claim, provided it has that purpose or effect in relation to them.
Employers have a duty to take reasonable steps to prevent sexual harassment of their employees in the course of their employment. From 30 October 2026, employers must take all reasonable steps to prevent it.
Racial Harassment
Harassment related to race is defined under section 26(1) of the Equality Act 2010 as unwanted conduct related to race which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. The protection covers harassment related to race, colour, nationality and ethnic or national origins.
Disability Related Harassment
Harassment related to disability is defined under section 26(1) of the Equality Act 2010 as unwanted conduct related to disability which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
Age Related Harassment
Harassment related to age is unlawful under section 26(1) of the Equality Act 2010. A person is unlawfully harassed where they are subjected to unwanted conduct related to age which has the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
Changes Introduced By The Equality Act 2010
The Equality Act 2010 protects employees against harassment related to age, disability, gender reassignment, race, religion or belief, sex and sexual orientation, as well as sexual harassment. An employee may bring a claim even where the conduct was not directed at them personally, provided it has the required purpose or effect in relation to them. In determining whether conduct has that effect, the Employment Tribunal takes account of the person’s perception, the circumstances of the case and whether it is reasonable for the conduct to have that effect.
From 30 October 2026, employers may also be liable where their employees are subjected to harassment by third parties, such as customers and clients, in the course of their employment, and the employer has failed to take all reasonable steps to prevent it. This third-party liability covers the forms of harassment under section 26 of the Equality Act 2010, not only sexual harassment.
