In the case of Majrowski v Guy’s & St Thomas’s NHS Trust, the Court of Appeal held that under the Prevention of Harassment Act 1970 an employer may be held vicariously liable for harassment committed by one of its employees in the course of his/her employment. This means there is now a further source of protection from harassment outside of discrimination legislation.
The Claimant, Mr Majrowski, was employed by Guy’s & St Thomas’s NHS Trust and during his employment was bullied, intimidated and harassed by his line manager.
Until now, the Prevention of Harassment Act only allowed claims to be made against the ‘harasser’ but, following this judgment, employees can now potentially sue their employer as well. Importantly, they do not have to prove they have suffered personal injury, simply demonstrate that unreasonable harassment or bullying has taken place on at least two occasions. A rich source for harassment claims in the future!