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

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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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