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Case round-up: Liability for employees' harassment of third parties

This report relates to 1 case(s)

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    Majrowski v Guy's and St Thomas's NHS Trust [2005] IRLR 340 CA (3 other reports)

    • Stalking Act can be used by harassed employees

      Date:
      31 May 2005

      A recent ruling by the Court of Appeal means that employers may now face civil liability claims for stress and anxiety caused by harassment, under the terms of the Protection from Harassment Act 1997, writes Paul Quain of Linklaters.

    • 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.

    • Protection from Harassment Act covers workplace

      Date:
      1 May 2005

      An employer may be held vicariously liable for harassment by its employees, in breach of the Protection from Harassment Act 1997, provided that there is sufficient connection between the breach and the employment and/or the risk of such breach was one reasonably incidental to the employment, holds the Court of Appeal in Majrowski v Guy's and St Thomas's NHS Trust.

This week's case round-up from Eversheds, covering liability for employees' harassment of third parties.

Vicarious liability

Majrowski v Guy's and St Thomas's NHS Trust, Court of Appeal, 16 March 2005

From November 1996, Majrowski was employed as a clinical audit co-ordinator for the trust.