Landmark Ruling - Bullying and Harassment
Friday 3 July 2009 4:59 PM
The Lords upheld a decision by the appeals court in the case of Majrowski v Guy’s and St Thomas’s NHS Trust that the Protection from Harassment Act 1997 can be applied in cases where one employee, during the course of their employment, harasses another employee or anyone else – if a sufficiently clear link between the work and the harassment can be established then the employer will be vicariously liable for that harassment.
The important thing under this Act is that the victim does not have to prove that they have suffered an injury (either physical or psychological) as a result of the harassment. Neither is harassment specifically defined in the Act – it was originally enacted in an attempt to combat stalkers – so claims needn’t be brought under specific discrimination laws such as sex or race. Furthermore, the limit for victims to bring a claim under the Act is 6 months – twice as long as discrimination law deadlines.
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