Employers' Liability
Employers have vicarious liability for harassment by their employees under section 3 of the Protection from Harassment Act 1997 (see Majrowski v Guy's and St Thomas' NHS Trust). For employees this may provide an easier route to compensation than claims based on discrimination legislation or personal injury claims for stress at work, as the elements of harassment are likely to be easier to prove, the statutory defence is not available to the employer, and it may be easier to establish a claim for compensation. Also as the claim can be made in the County Court costs are recoverable and legal aid is available.
Read more about this topic: Protection From Harassment Act 1997