Is harassment the new workplace stress claim?

An individual claiming to have suffered personal injury as a result of workplace harassment has a number of potential claims against their employer. These are breach of contract, personal injury, discrimination and a vicarious strict liability claim under the Protection from Harassment Act 1997.

The Act was originally introduced as a means of providing protection to victims of criminal harassment. However, the perception that claiming under the Act would avoid many of the difficulties associated with alternative routes to compensation meant that it has been used by employees bringing civil claims against their employers. This culminated in 2006, with the House of Lords decision in Majrowski.

The Court of Appeal has begun to stem the flurry of claims under the Act, following a decision in Conn v Sunderland City Council. The Court of Appeal found that in order to bring a successful vicarious claim against an employer, a claimant would have to show that the incidents complained of were of such gravity as to justify the sanctions of the criminal law.

In spite of Conn, the pursuit of such claims under the Act remains open to employees experiencing workplace harassment. Employers need to have robust anti-harassment policies and ensure that any incidents of harassment are dealt with appropriately.

You can find out more with Wragge & Co's analysis of the issues and cases related to the Harassment Act. The firm's employment experts have also put together some Harassment Act action points relevant to you and your organisation.