''Majrowski v Guy's and St Thomas' NHS Trust''
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UKHL 34is a UK labour law case holding that an employer will be vicariously liable for the harassment of an employee by another.
Facts
Mr William Majrowski was a gay man, and worked as a clinical auditor co-ordinator. He claimed that his manager, Sandra Freeman
bullied
Bullying is the use of force, coercion, hurtful teasing or threat, to abuse, aggressively dominate or intimidate. The behavior is often repeated and habitual. One essential prerequisite is the perception (by the bully or by others) of an im ...
and
harassed him, in breach of section 1 of the
Protection from Harassment Act 1997
The Protection from Harassment Act 1997 (c 40) is an Act of the Parliament of the United Kingdom. On introducing the Bill's second reading in the House of Lords, the Lord Chancellor, Lord Mackay of Clashfern, said, "The aim of this Bill is to ...
. He said this made the employer vicariously liable. The judge held there was no cause of action because section 3 created no statutory tort for which an employer could be vicariously liable.
Judgment
The House of Lords held that there was a new statutory tort for harassment in the
Protection from Harassment Act 1997
The Protection from Harassment Act 1997 (c 40) is an Act of the Parliament of the United Kingdom. On introducing the Bill's second reading in the House of Lords, the Lord Chancellor, Lord Mackay of Clashfern, said, "The aim of this Bill is to ...
, and it made employers vicariously liable. It was not solely about stalking. This was supported by section 10(1) concerning Scotland. Lord Nicholls emphasised the overlap with European Directives’ common definition of harassment, meaning unwanted conduct violating the dignity of a person. He said the following.
Lord Hope, Lady Hale, Lord Carswell and Lord Brown gave concurring opinions.
See also
*
UK labour law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
*
UK employment equality law
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected ...
*
Workplace harassment
Workplace harassment is the belittling or threatening behavior directed at an individual worker or a group of workers.
Recently, matters of workplace harassment have gained interest among practitioners and researchers as it is becoming one of the ...
Notes
{{reflist, 2
References
*
External links
*Majrowski v Guy's and St Thomas' NHS Trust
006UKHL 34
Publications.parliament.uk
United Kingdom labour case law
House of Lords cases
2006 in case law
2006 in British law
Harassment