Employers liable for bullying.......loophole closed....... [07-04-2005]

It is now no longer possible for employers to claim that they are not responsible for the acts of their employees.

In the past employers were able to claim that they were not responsible if they had taken reasonable steps to make employees aware of behaviour standards and policies covering such matters as harassment, bullying and discrimination.

The Court of Appeal has recently allowed an employee to bring a claim against the employer under the Protection from Harassment Act 1997. This Act had originally been introduced primarily to allow people to make a claim against an individual, rather than the employer.

However, the court made clear that employers could still be liable where there was sufficient "closeness of connection" between the harassing/bullying conduct and the employment.

This may open floodgates and should certainly alert employers to their duties towards all employees.

Workplace 'stress' often stems from allegations of bullying and harassment at the hands of colleagues, with the "closeness of connection" now being relatively easily made.

So employees have another route for a claim and one which does not require them to demonstrate that any stess-related injury was sufficiently 'foreseeable' in order to attach liability to the organisation.

The implications for the employers are:

- good behaviour policies are essential, with prevention and constructive resolution/mediation firmly built-in
- regular awareness raising for employees
- training for all line managers
- robust procedures for managing grievances, encouraging people to deal with them promptly and at the primary stage wherever possible.

Marjowski v Guy's and St Thomas's NHS Trust (2005 EWCA Civ 251; CA)

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