Employment law cases

All items: Bullying and harassment

  • Disability discrimination: No harassment claim possible where disability not established

    Date:
    1 October 2017

    In Peninsula Business Service Ltd v Baker [2017] IRLR 394 EAT, the EAT held that, for a claim of harassment to succeed in a case involving the protected characteristic of disability, it is not enough for the alleged harassment to be "related to" disability in a general sense. The claimant must actually have a disability to bring the claim.

  • Employer harassed and victimised employee after she underwent IVF treatment

    Date:
    23 June 2011

    This case is a prime example of the problems that can occur in a workplace when a member of staff is undergoing IVF treatment in a bid to get pregnant.

  • Rayment v Ministry of Defence

    Date:
    10 March 2010

    The High Court has awarded damages for injury and distress under the Protection from Harassment Act 1997.

  • Protection from harassment: "Oppressive and unacceptable" conduct is test for harassment

    Date:
    10 March 2010

    In Veakins v Kier Islington Ltd [2010] IRLR 132 CA, the Court of Appeal held that an employee who was bullied at work by her line manager had been harassed within the meaning of the Protection from Harassment Act 1997. While the Court had to keep in mind the need for the conduct complained of to be serious enough to sustain criminal liability, the key test was whether or not it was "oppressive and unacceptable". On the unchallenged evidence before the Court, it clearly was.

  • Case round-up

    Date:
    1 March 2010

    Susannah Jarvis (associate) and Kate Williams (professional support lawyer), Addleshaw Goddard, analyse important recent rulings.

  • Hammond v International Network Services UK Ltd

    Date:
    19 November 2007

    The High Court has held that, in order to succeed in a claim under the Protection from Harassment Act 1997, an employee must show that there was 'an element of real seriousness' to the harassment.

  • Harassment/employer's liability: Employers may be vicariously liable under 'stalking' legislation

    Date:
    22 September 2006

    In Majrowski v Guy's and St Thomas's NHS Trust [2006] IRLR 695 HL, the House of Lords holds that under the Protection from Harassment Act 1997 employers will be vicariously liable for harassment committed by employees acting in the course of their employment.

  • Sex discrimination: Successful defence to claims of sexual harassment

    Date:
    4 August 2006

    In Caspersz v Ministry of Defence EAT/0599/05, the Employment Appeal Tribunal holds that an employer that introduced and implemented an effective dignity at work policy successfully defended sexual harassment claims even where the harasser was the manager with responsibility for implementing the policy.

  • Harassment/employer's liability: Employers held vicariously liable under 'stalking' legislation

    Date:
    13 May 2005

    In Majrowski v Guy's and St Thomas' NHS Trust, the Court of Appeal holds that vicarious liability is not restricted to common law claims. An employer may be vicariously liable for a breach of statutory duty imposed only on his employee, if that would be just and reasonable in light of a sufficiently close connection between the unlawful act and the employee's duties and/or if the risk of the employee's wrongdoing is "reasonably incidental" to the employee's duties and, further, if the statute does not expressly (or on its proper construction) exclude such vicarious liability.

  • Not liable for sexual harassment

    Date:
    1 June 1995

    Even if the applicant's allegations of sexual harassment were true, the employer, which had a "comprehensive" complaints procedure that the applicant failed to make use of, would have escaped liability by virtue of the defence in s. 41(3) of the Sex Discrimination Act 1975, rules a Birmingham industrial tribunal in Davies v Secretary of State for Social Security.

About this category

Employment law cases: HR and legal information and guidance relating to bullying and harassment.