The claimant said that he had been harassed by the respondent through an employee.
Held: Under the 1997 Act, the behaviour had to go beyond the regrettable to the unacceptable, and would be of such gravity as would sustain criminal liability under section 1.
Buxton LJ said: ‘Crucial to that [the type of conduct that crosses the line into harassment] is Lord Nicholls’ determination . . that the conduct concerned must be of an order that would sustain criminal liability, and not merely civil liability on some other register. Had the Recorder had that requirement in mind when he came to this part of his judgment, it seems to me I have to say completely impossible that he would have concluded that the third incident, as it had been called . . could amount to harassment. But what occurred is a very long way away from anything that, in a sensible criminal regime, would lead to a prosecution, much less to a conviction.’
Gage LJ said: ‘the touchstone for recognizing what is not harassment for the purposes of sections 1 and 3 will be whether the conduct is of such gravity as to justify the sanctions of the criminal law’.
Judges:
Ward LJ, Buxton LJ, Gage LJ
Citations:
Times 23-Nov-2007, [2007] EWCA Civ 1492, [2008] IRLR 324
Links:
Statutes:
Protection from Harassment Act 1997 1
Jurisdiction:
England and Wales
Cited by:
Cited – Dickins v O2 Plc CA 16-Oct-2008
The employer appealed against a finding that it was responsible for the personal injury of the claimant in the form of psychiatric injury resulting from stress suffered working for them. She had told her employers that she was at the end of her . .
Cited – Veakins v Kier Islington Ltd CA 2-Dec-2009
The claimant alleged that her manager at work had harassed her. The court, applying Conn, had found that none of the acts complained of were sufficiently serious to amount to criminal conduct, and had rejected the claim.
Held: The claimant’s . .
Cited – Veakins v Kier Islington Ltd CA 2-Dec-2009
The claimant alleged that her manager at work had harassed her. The court, applying Conn, had found that none of the acts complained of were sufficiently serious to amount to criminal conduct, and had rejected the claim.
Held: The claimant’s . .
Cited – Ferguson v British Gas Trading Ltd CA 10-Feb-2009
Harassment to Criminal Level needed to Convict
The claimant had been a customer of the defendant, but had moved to another supplier. She was then subjected to a constant stream of threatening letters which she could not stop despite re-assurances and complaints. The defendant now appealed . .
Cited – Hayes v Willoughby CA 13-Dec-2011
Harassment Occurs on the Result, not the Intention
The claimant said that over several years, the respondent had pursued him in many ways challenging his management of a company’s affairs. Complaints had been investigated by the insolvency service and by the police who had discovered nothing to . .
Cited – Calland v Financial Conduct Authority CA 13-Mar-2015
The claimant appealed against the striking out of his claim of harassment against the Authority who had contacted him in an intended review of pensions mis-selling. They had contacted him once by letter, once by telephone and once by e-mail.
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 29 May 2022; Ref: scu.261519
