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Workplace bullying claims could rise
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10/01/2008
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According to Charles Millet, employment law specialist at Liverpool solicitors Morecrofts, workplace bullying claims could be on the rise following the completion of a test case.
The Court of Appeal and the House of Lords ruled in the case of Majrowski –v– Guy’s & St Thomas’s NHS Trust, that the Protection From Harassment Act applied not only to stalking but also to harassment in the workplace. This has opened up a new legal avenue for employees who have been victims of bullying in work.
Morecrofts says it has seen a number of clients using this Act to make a claim of harassment over the last year. By using this Act claimants have a six-year time limit to present a case, far longer than through traditional methods. This new legal avenue then offers employees an opportunity to make a claim for harassment, even if they have missed the deadline to make a discrimination claim through the employment tribunal.
Millet says: “Some argue that few claims will be brought under the Act because claimants using this method run the risk of incurring the employer’s legal costs if they are unsuccessful. However it may be possible for employees to insure against this risk.
“It is unclear at this stage how serious the alleged harassment needs to be to fall within the ambit of the Protection from Harassment Act. Lord Nicholls, in the Majrowski case, gave an indication that he felt that annoyances, irritations and upsets arising out of ordinary day-to-day dealings would not be covered and only more serious incidents would give rise to liability.
“It is important for employers to do everything possible to discourage harassment in the workplace. Ideally they should put in place a harassment policy. This in itself will not avoid liability, but it will make staff aware of the consequences of their actions.”
For further information about how the Protection From Harassment Act impacts upon you as an individual or your business, please contact Charles Millett of Morecrofts on 0151 236 8871.
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Author
Chris Rowlands
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