Employers may be liable if their staff are bullied at work
Local employment law solicitor Jon Dunkley of Barnstaple Solicitors Toller Beattie, is warning local employers to note a recent House of Lords ruling which allows employees to sue their employer for harassment. The case in question was brought by an employee of an NHS Trust who claimed he was bullied by his line manager because he was gay. The claim was made under the Protection from Harassment Act 1997 which was originally passed to curb stalkers.
Employees and ex-employees can now bring claims against their employer if they are subjected to a course of conduct (at least two instances) which amounts to harassment. Harassment is not defined under the Act but has been held to include diverse matters such as tabloid newspaper campaigns and animal rights activism. The law lords have decided that an employer can be held liable for the harassment even if they had no knowledge of it as long as the harassment is closely connected with the duties of the job.
The case has a number of implications for employers. Firstly it provides a whole new course of action against employers in addition to claims for unfair dismissal, discrimination, etc. Also, employees have six years in which to bring a claim in the County Court (the limit is usually three months under existing employment law) and legal aid is available to the employee (subject to means, etc.). If an employer loses the case, costs will generally be awarded against the employer (costs are not usually recoverable in an employment tribunal) and the statutory defence under the Act (the person took all reasonable steps to avoid the harassment) is not available to employers.
Mr Dunkley went on "In order to protect themselves against the possibility of such claims succeeding employers will need to show they have taken positive steps to eradicate bullying and the culture of bullying in their organisations. I would urge all employers to take advice on this issue" he concluded.
For further information please contact Jon Dunkley
