October 2006 Employers Liability for Harassment

09/10/2006
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Mr Majrowski worked for Guy’s & St Thomas’ NHS Trust, who he sued, alleging that he had been bullied, intimidated and harassed by his manager.

 He maintained that she treated him differently and unfavourably compared to other staff, was excessively critical of his performance and imposed unrealistic targets for his performance, threatening him with disciplinary action if he did not achieve them.

 

The House of Lords concluded that an employer could be vicariously liable under the  Protection from Harassment Act 1997 for harassment committed by an employee in the course of employment.

 

As a result, employers need to ensure that adequate policies for dealing with bullying and harassment exist, that those policies are actively promoted and enforced and that employees are aware of the requirement to comply with those policies.

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