Organisations as well as the individuals working for them can seek damages
and injunctions under the Protection from Harassment Act 1997, a court has
found.
In a recent unreported case, a bank obtained an injunction to prevent a
former employee who had recently been released from prison after serving a term
imposed under the Act, from continuing to harass members of its workforce,
according to Anthony Fincham, employment partner at CMS Cameron McKenna.
"An interesting point that arose was whether the bank itself could be a
victim of harassment and therefore have the locus standi to obtain the
injunction under the Act: the court was satisfied that it was," Fincham
said.
The Protection from Harassment Act 1997, which is not often invoked in the
workplace, brings into play the criminal law for acts of harassment. Any person
who pursues a course of conduct that amounts to harassment of another, and
which he knows or ought to know amounts to harassment of the other, is guilty
of an offence punishable by imprisonment of up to six months unless the course
of conduct is shown to be "reasonable" in the circumstances.
The Act offers protection from a range of bullying and threatening
behaviour.
The courts have the power to award damages for any anxiety or financial loss
resulting from the harassment as well as to grant injunctions preventing
further acts.
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