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HR buddies

The Covent Garden HR Buddies is an initiative facilitated by Clarkslegal to offer the London HR community the opportunity to meet with like-minded peers, attend relevant seminars and workshops and boost your knowhow of the issues specific to this sector.
 
It’s free and open to anyone interested in HR. It sets its own agenda, so it can be purely social or facilitate presentations to help prevent HR problems for companies in the London area. So if you want to network face to face contact
buddy@clarkslegal.comClick here for further details about our next HR Buddies event.  

If, alternatively, you wish to network online with other HR professionals, then using the discussion forum below, is your ideal opportunity to do so.

Please feel free to post new queries or questions, and/or reply to ones already posted. All you have to do is register a few details, then you will be ready to post your thoughts.

You can post a new query by selecting the tab "new thread". To reply to a post, select that post and then choose the "reply" tab.

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  Discussions  Buddy's question time  Harassment: emp...
 Harassment: employers' vicariously liable
 
Kate_Atkinson
99 posts
Joined
1/4/2006

Harassment: employers' vicariously liable
Posted: 17 Jul 06 12:13 PM

This week buddy was asked: We are aware that employers can be vicariously liable for the torts of its employees where these occur in the course of employment. However, can employers be vicariously liable under the Protection from Harassment Act where an employee harasses another?

Kate_Atkinson
99 posts
Joined
1/4/2006

Re: Harassment: employers' vicariously liable
Posted: 24 Jul 06 9:06 AM

Buddy says:Yes, The House of Lords in Majrowski v Guy's and St Thomas' NHS Trust [2006] UKHL 34, 12 July 2006 unanimously upheld the Court of Appeal's decision that an employer can be vicariously liable under the Protection from Harassment Act 1997 (PHA) for harassment committed by an employee in the course of employment.

Employer information: Employees who suffer bullying or harassment in the workplace can bring claims for breach of contract, unfair constructive dismissal or claims for harassment under the discrimination legislation. Claims can be also brought in the civil courts for cases involving personal injury (whether physical or psychological). The Majrowski decision now allows for another cause of action for employees experiencing harassment in the workplace. This ruling has widened the scope for employees to make claims against their employer where a manager or colleague has pursued a course of conduct that causes the employee alarm or distress. Such claims can only be brought through the County Courts or High Courts as Employment Tribunals do not have the jurisdiction to hear claims under the PHA 1997.

  Discussions  Buddy's question time  Harassment: emp...
 
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