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A landmark ruling in the House of Lords could have opened the door for employers to be held responsible for workplace bullying by their employees, warns the Forum of Private Business (FPB).

Following the case of William Majrowski, an audit co-ordinator for Guy's and St Thomas's NHS Trust, the FPB is urging small businesses to review their employment policies to ensure they are covered as fully as possible.

Majrowski made an internal complaint against his line manager, who was found to have subjected him to homophobic harassment. Majrowski then sued his employers under the Protection from Harassment Act 1997, arguing they were vicariously liable for the behaviour of the line manager.

The County Court originally rejected the claim, but the Court of Appeal overturned that ruling and the House of Lords has now upheld that decision, saying that employers can be liable for harassment by employers in their workplace if a sufficiently clear link between the work and the harassment can be proved. This applies for harassment by an employee against a colleague or against anyone else.

‘The judgement enables people to sue the employers of bullies under the Protection of Harassment Act,’ explains Mace & Jones Head of Employment Law Martin Edwards. ‘The Act was brought in to criminalise stalking and until recently it was not widely recognised that claims could be brought under the act by employees bullied at work.

‘The decision also exposes employers to claims by third parties who are bullied by employees of the company. The message for employers is to update their anti-bullying policies – and ensure they are implemented effectively.’

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