- Update/Intermediate *3 hours CPD
The use of the Protection from Harassment Act 1997 has developed a long way from its original purpose as a law to deal with Stalkers. In the case of Majrowski the House of Lords decided that the Act could be used to claim damages for Bullying at work whilst the Court of Appeal has approved of the use of the Act to sue newspapers over articles published by them.
With a six year time limit, rather than the normal Employment Tribunal limit of 3 months, both Civil and Employment lawyers need to be aware of how to use this powerful piece of legislation. This can be difficult because much of the case law involves criminal cases which need to be reinterpreted for use in the Civil Jurisdiction.
This course will examine the practical use of the Act with special emphasis on cases involving Bullying in the workplace. It will look at what needs to be proved and examine the possible defences and pitfalls in harassment cases.
- Background and development in the law
- Definitions in the Act, What is "Harassment"?, What is a "course of conduct"?
- Defences in the Act, What is "reasonable"?
- 1997 Act in the workplace, Majrowski analysed
- Vicarious liability and defences
- 1997 Act outside the workplace
- Damages
- Injunctions
- Costs