Protection from Harassment

The Protection from Harassment Act 1997 was originally introduced primarily with the aim of combating stalkers. However in a significant decision taken by the House of Lords, the Act can also apply to harassment in the workplace, and employers may be vicariously liable for the harassment of one employee by another. This decision was outlined in the case of Majrowski v Guy's & St Thomas's NHS Trust.

The Majrowski case
Mr Majrowski was employed as a clinical audit co-ordinator. He alleged his manager had bullied, intimidated and harassed him in the course of his employment. In 2003, four years after his employment with the Trust had ended, he brought a claim of harassment against the Trust under the Act. He had not made any previous claims such as breach of contract, personal injury or unfair dismissal.

The case initially failed in the county court. The judge who heard the case found in favour of the Trust as he believed that the Act had not been intended to apply to such cases. However, the Court of Appeal overturned this judgement and held that employers could be vicariously liable for breaches of statutory duty committed by the employees in the course of employment. The House of Lords unanimously upheld the decision of the Court of Appeal.

Harassment in the Workplace
In order to show harassment under the Act:

- The course of conduct must involve conduct on at least two occasions.
- The course of conduct must actually amount to harassment of another.
- Harassment can include alarming the person or causing them distress or anxiety.
- Merely unreasonable behaviour may not be covered; the behaviour must be oppressive and unacceptable.
- The perpetrator must know, or ought to know that the course of conduct constitutes harassment.

Consequences of the Decision
The employee has six years in which to bring a claim against the employer and only needs to prove that they have suffered anxiety or distress as a result of the harassment. They will not have to establish a recognisable psychiatric condition which was foreseeable. This therefore re-opens the potential for stress-related claims.

Employers need to continue to handle claims of bullying and harassment with care and ensure that any workforce matters are dealt with through the appropriate channels (i.e. the grievance procedure).