The claimant appealed denial of her claim for damages for psychological injury. She complained that her employer had failed to prevent her and other female employees being bullied by a co-worker, and they committed a breach of statutory duty in failing to prevent harassment under the 1997 Act.
Held: There was insufficient evidence to say that the employer knew enough of the alleged bullying to make him responsible. The 1997 Act required the harassment acts complained of to have been directed at the same person. That had not been shown. The judge had evidence before him which supported his conclusion. Appeal dismissed.
Citations:
[2005] EWCA Civ 173, Times 21-Mar-2005
Links:
Statutes:
Protection from Harassment Act 1997
Jurisdiction:
England and Wales
Citing:
Cited – Daiichi UK Ltd and others v Stop Huntingdon Animal Cruelty and Others; Asahi Glass UK ltd and others v Same; Eisaai Ltd v Same; Yam,anouchi Pharma UK Ltd and others v Same; Sankyo Pharma UK Ltd and others v Same QBD 13-Oct-2003
The claimants sought injunctions and orders under the act against the respondent in respect of acts of harrassment intended variously to dissuade the companies form engaging in activities disapproved by the respondents.
Held: The Act was not . .
Cited – Lau v Director of Public Prosecutions QBD 29-Mar-2000
Two alleged incidents might be sufficient to be seen as a course of conduct and found an allegation of harassment under the Act, but any distance in time between them might suggest that they could not be seen as one course of conduct. Here a . .
Cited – Thomas v News Group Newspapers Ltd and Simon Hughes CA 18-Jul-2001
A civilian police worker had reported officers for racist remarks. The newspaper repeatedly printed articles and encouraged correspondence which was racially motivated, to the acute distress of the complainant.
Held: Repeated newspaper stories . .
Cited – Pratt v Director of Public Prosecutions QBD 21-Jun-2001
Whilst the law clearly allowed prosecutions under the Act after no more than two incidents of harassment, nevertheless, prosecutors should look to the reality of whether the acts complained of did in fact amount to a course of conduct under the Act. . .
Cited – Waters v Commissioner of Police for the Metropolis HL 27-Jul-2000
A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. Her claim was struck out, but restored on appeal.
Held: . .
Cited – Sutherland v Hatton; Barber v Somerset County Council and similar CA 5-Feb-2002
Defendant employers appealed findings of liability for personal injuries consisting of an employee’s psychiatric illness caused by stress at work.
Held: Employers have a duty to take reasonable care for the safety of their employees. There are . .
Cited – Hartman v South Essex Mental Health and Community Care NHS Trust etc CA 19-Jan-2005
The court considered the liability of employers for stress injury to several employees.
Held: Though the principles of awarding damages for stress related psychiatric injury are the same as those for physical injury, the issues have still . .
Cited – Barber v Somerset County Council HL 1-Apr-2004
A teacher sought damages from his employer after suffering a work related stress breakdown.
Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his . .
Cited – Garrett v Camden London Borough Council CA 16-Mar-2001
The court considered a claim for work related stress. The claimant asserted that he had been harassed, intimidated and systematically undermined: ‘Many, alas, suffer breakdowns and depressive illnesses and a significant proportion could doubtless . .
Cited – Rorrison v West Lothian College and Lothian Regional Council OHCS 21-Jul-1999
The pursuer, a nurse, claimed that she suffered psychological injuries as a result of her treatment at work by two superiors.
Held: The court could find nothing in the pleadings: ‘which, if proved, could establish that Andrews and Henning . .
Cited – Pratley v Surrey County Council CA 25-Jul-2003
The claimant sought damages for personal injury namely stress suffered in the course of her work as a care manager. She said that she had been overworked, and suffered depression when a proposal for reducing the work load remained unimplemented. The . .
Cited by:
Cited – Robertson (Ap) v The Scottish Ministers SCS 22-Nov-2007
The claimant sought damages saying that she had been bullied and harassed at her work as a prison officer. . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Torts – Other, Employment
Updated: 29 June 2022; Ref: scu.222936