The claimant sought damages alleging harassment by officers employed by the defendant. An internal investigation had revealed considerable poor behaviour by the senior officers, and that was followed by hostile behaviour. The defendant had put up pornographic pictures in the room only used by the claimant, and they were directed at her.
Held: The claim for damages succeeded. The behaviour of the officer amounted to harassment, the defendant knew of it and it was not controlled or stopped.
Nicola Davies J
[2010] EWHC 218 (QB)
Bailii
Protection from Harassment Act 1997
England and Wales
Citing:
Cited – Johnstone v Bloomsbury Health Authority CA 1991
A junior doctor sought an injunction against the defendant health authority from being required to work excessive hours despite the terms of his contract. He had become ill as a result of inadequate sleep and sought damages in that respect. Implied . .
Cited – Majrowski v Guy’s and St Thomas’ NHS Trust CA 16-Mar-2005
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim.
Held: The appeal succeeded. The . .
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 – Majrowski v Guy’s and St Thomas’ NHS Trust HL 12-Jul-2006
Employer can be liable for Managers Harassment
The claimant employee sought damages, saying that he had been bullied by his manager and that bullying amounting to harassment under the 1997 Act. The employer now appealed a finding that it was responsible for a tort committed by a manager, saying . .
Cited – Hammond v International Network Services (UK) Ltd and Another CA 15-Sep-2005
Leave application . .
Adopted – Hammond v International Network Services UK Ltd QBD 1-Nov-2007
Peter Coulson QC J said that in order to establish harassment under the 1997 Act, there must be conduct:
i) which occurs on at least two occasions;
ii) which is targeted at the claimant;
iii) which is calculated in an objective sense . .
Cited – Helen Green v DB Group Services (UK) Ltd QBD 1-Aug-2006
The claimant sought damages from her former employers, asserting that workplace bullying and harassment had caused injury to her health. She had had a long term history of depression after being abused as a child, and the evidence was conflicting, . .
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 . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Armed Forces
Updated: 01 November 2021; Ref: scu.401651
