Protection from Harassment Act and claims against employers

To limit potential harassment claims employers should:

• Put in place comprehensive anti-discrimination and anti-harassment policies dealing with workplace bullying.
• Take steps to ensure that the anti-harassment policy is properly implemented, promoted and supported by the highest level within the organisation.
  
  Remember, being able to demonstrate that the employer took all reasonable steps to prevent the harassment occurring will help to defend a breach of duty of care claim or, claim for statutory vicarious liability under discrimination legislation. But it will not assist an employer faced with a strict liability claim for vicarious liability under the Protection from Harassment Act 1997.
• Ensure that incidents are dealt with as quickly as possible and the situation monitored to avoid the establishment of a course of conduct, which under the PHA could consist of as few as two incidents.
• To bring home to individuals the unacceptability of bullying, employers should remind staff that acts of bullying are gross misconduct for which dismissal may result. Furthermore, that the individual perpetrator may face a claim resulting in personal financial liability to the victim.

This action was written by Connie Cliff, associate in Wragge & Co's Employment team.