Unwanted text and email messages could be deemed as harassment and could have radical implications for employers following a House of Lords decision today.
The judgement was handed down in relation to an appeal from the Court of Appeal.
It upholds the Court's landmark ruling as to the extent of an employer's liability for employee harassment.
Mr Majrowski, who was employed by Guy's and St Thomas' NHS Foundation Trust, claimed that he had been bullied and harassed by his line manager for about 18 months from November 1996.
The complaint focused on criticism for time keeping at work, being isolated, and generally rude and abusive behaviour and was brought under the Protection from Harassment Act 1997.
This Act is more commonly used in stalking and other forms of personal harassment cases and the main bone of contention was whether this Act could make employers liable for harassment claims, or whether the employee could only sue the harasser.
The decision by the House of Lords makes it easier for employees to succeed in such claims under this Act as it covers any form of harassment including anything which could be perceived by the employee as harassment as long as it has taken place more than once. Examples include unwanted text messages, emails or any verbal communications, which the employee finds abusive.
This element of subjectivity, and the ‘undercover' way in which harassment can be perpetrated by way of text or email, is a worry for employers.
James Tait, associate solicitor at law firm Shakespeares, said: “This case is very important as it clarifies that employers can 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 that they were at risk. This inevitably caused arguments over the law, not to mention evidential issues.
“Employers must make sure they have proper policies in place regulating any form of harassment, and ensure that they have appropriate mechanisms for monitoring the conduct of staff with the necessary penalties in place for breaches of company policy.”
