Protection from Harassment Act and claims against employers

A Court of Appeal decision in Conn v Sunderland City Council may rein back the flurry of claims brought under the Protection from Harassment Act 1997 (PHA).

Last year saw the emergence of claims under the PHA in an employment context. In Majrowski v Guys & St Thomas's NHS Trust, the House of Lords confirmed that an employer could be held vicariously liable under the PHA for harassment committed by an employee in the course of employment.

Following Majrowski, it appeared that there would be significant advantages to an individual bringing a claim under the PHA against an employer. But, the decision in Conn highlights the significance of the hurdle that must be overcome to establish whether the behaviour complained of does in fact amount to "harassment" under the PHA.

Wragge & Co's employment and regulatory litigation experts have compiled an analysis of the issues and cases surrounding the PHA. Take note of any action points that will help you and your organisation.