Chris Bryden and Michael Salter look at the different ways compensation can be obtained in harassment cases
The House of Lords' decision in Majrowski v Guy's and St Thomas's NHS Trust [2006] IRLR 695, [2006] All ER (D) 146 (Jul) opened up the Protection from Harassment Act 1997 (PHA 1997) in the field of employment relationships. Although tempered by the Court of Appeal's decision in Sunderland City Council v Conn [2008] IRLR 325, [2007] All ER (D) 99 (Nov) PHA 1997 could impact people in most walks of life.
Victims of harassment can obtain injunctive relief against their harassers pursuant to the Family Law Act 1996, PHA 1997 and basic common law principles covering injunctions and torts. However, PHA 1997, s 3(2) also allows for the recovery of compensation from the harasser.
There is little case law on the quantum of damages for claims under PHA 1997, and what law there is, is generally only of first instance authority. Financial compensation is particularly relevant where the conduct complained of
