How to Draft Pleadings Under The Protection From Harassment Act 1997 1) How to Draft Pleadings Under the Protection From Harassment Act 2)The New Law on Victimisation and the burden of Proof 3) E-mail Snooping – When Can an Employer Monitor an Employee?
1) How to Draft Pleadings Under the Protection From Harassment Act 1997Manyof us know the implications of the recently decided watershed case, Majrowski v Guy’s and St Thomas’s NHS Trust [2006] UKHL 34 where the Claimant successfully claimed against the Respondent for harassment by his manager, on the basis that an employer can be vicariously liable in civil law under section 3 of the PHA 1997, which had previously used only for criminal recourse. To my horror I was asked to draft civil pleadings under this Act without precedents and the usual assistance. Fortunately, Nick Hanning of Reynolds Williams and Perrins Stevenson LLP, the firm, which ran the original case, gave me some tips: • Fulfil the requirement that the behaviour be identified as ‘unreasonable’ Add the definition of harassment:The said actions and/or behaviour were, and [name of harasser] knew or ought to have known them to be, oppressive, unreasonable and likely to cause the Claimant distress and/or anxiety and/or alarm
Related Questions
- How to Draft Pleadings Under The Protection From Harassment Act 1997 1) How to Draft Pleadings Under the Protection From Harassment Act 2)The New Law on Victimisation and the burden of Proof 3) E-mail Snooping - When Can an Employer Monitor an Employee?
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