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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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