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Stalking Act can be used by harassed employees

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)

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

      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

      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.

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

      5 April 2005

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

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.

If an employee complained to their employer that they were being bullied, intimidated and harassed by their department manager, that employer might not expect to face a claim in the county court under legislation which was introduced in the 1990s to tackle stalkers.