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12 February 2010 / Michael Salter , Chris Bryden
Issue: 7404 / Categories: Features , Employment
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Unreasonable conduct

Michael Salter & Chris Bryden review alternative means of address for workplace harassment

As those avid readers of these authors will have noted, the potential application of the provisions of the Protection from Harassment Act 1997 (PfHA 1997) to, in particular, the workplace, has been a recurring theme. It has previously been argued that, following Hatton v Sutherland [2002] EWCA Civ 76, [2002] All ER (D) 53 (Feb) and Majrowski v Guy’s and St Thomas’ NHS Trust [2006] UKHL 34, [2006] All ER (D) 146 (Jul) bullying and stress caused or allowed in the workplace (among other environments) could potentially sound in damages or an injunction under PfHA 1997.

Notwithstanding the later decision of the Court of Appeal in Conn v Sunderland City Council [2007] EWCA Civ 1492, [2007] All ER (D) 99 (Nov) which appeared to limit the scope of the application of PfHA 1997 in such circumstances, it was contended that in appropriate cases such a remedy was still open to potential claimants. It appeared that this view was confirmed by the decision of “Ferguson” v British Gas Trading Ltd [2009] EWCA

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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