Search
 

Unwanted emails could mean legal threat from employees 12/07/06
 
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.”

 
current magazine cover
 
 
 Home
 News
 E Newsalert 
 Events
 Subscribe
 Charity services
 Past issues
 Factsheets
 Site map
 
 
navigation jobs
navigation UK Charity Awards
navigation Charity Buyers Guide
 
 

The Pensions Trust