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12 February 2010 / Michael Salter , Chris Bryden
Issue: 7404 / Categories: Features , Employment
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Unreasonable conduct

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Michael Salter & Chris Bryden review alternative means of address for workplace harassment

As those avid readers of these authors will have noted, the potential application of the provisions of the Protection from Harassment Act 1997 (PfHA 1997) to, in particular, the workplace, has been a recurring theme. It has previously been argued that, following Hatton v Sutherland [2002] EWCA Civ 76, [2002] All ER (D) 53 (Feb) and Majrowski v Guy’s and St Thomas’ NHS Trust [2006] UKHL 34, [2006] All ER (D) 146 (Jul) bullying and stress caused or allowed in the workplace (among other environments) could potentially sound in damages or an injunction under PfHA 1997.

Notwithstanding the later decision of the Court of Appeal in Conn v Sunderland City Council [2007] EWCA Civ 1492, [2007] All ER (D) 99 (Nov) which appeared to limit the scope of the application of PfHA 1997 in such circumstances, it was contended that in appropriate cases such a remedy was still open to potential claimants. It appeared that this view was confirmed by the

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