| Unwanted
emails in the workplace could now be deemed as harassment,
following a landmark legal decision that could leave charity
employers facing litigation.
The decision followed a claim from a former employee of
Guy’s and St Thomas’ NHS Foundation Trust, who
took his case to the House of Lords after claiming to be
the victim of bullying and harassment from his line manager.
Unusually, the employee brought his claim under the Protection
from Harassment Act 1997, more normally used in cases of
stalking. The discussion focused around whether this Act
could make employers liable for harassment claims, or whether
the employee could only sue the harasser.
The House of Lords decision means it is now easier for
employees to succeed in suing their employees as it covers
any form of harassment, including unwanted text messages,
emails and any verbal communications that the employee finds
abusive.
James Tait, associate solicitor at law firm Shakespeares,
said the case was important because it clarified that employers
could be held liable under this legislation,
“Previously victims of bullying had a harder job
in gaining legal protection because they had difficult hurdles
to clear, principally because they had to prove that their
employers knew or should have known they were at risk,”
Tait said.
“Employers must make sure they have proper policies
in place regulating any form of harassment, and ensure they
have appropriate mechanisms for monitoring the conduct of
staff with the necessary penalties in place for breaches
of company policy.”
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