Protection from Harassment Act 1997
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Protection from Harassment Act 1997
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The Protection from Harassment Act 1997 (c 40) is an Act of the Parliament of the United Kingdom which, among other things, criminalises and creates a right to protection from stalking and persistent bullying in the workplace.
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Contents
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Definition
The Act defines harassment in section 1(1) as a "course of conduct" amounting to harassment and provides by section 7(3) that a course of conduct must involve conduct on at least two occasions. (Originally these occasions needed to involve the same person, but in 2005 the Act was amended by the Serious Organised Crime and Police Act so that "pursuing a course of conduct" could mean approaching two people just once.[1]) If these requirements are satisfied, the claimant may pursue a civil remedy for damages for anxiety: section 3(2). The use of civil law means that the standards of evidence are substantially lower than for criminal law, for example permitting hearsay.[1] The requirement of a course of conduct shows that Parliament was conscious that it might not be in the public interest to allow the law to be set in motion for one boorish incident.
Under this Act the definition of harassment is behavior which causes alarm or distress. The Act provides for a jail sentence of up to six months or a fine. There are also a variety of civil remedies that can be used including awarding of damages, and restraining orders backed by the power of arrest.
Commentators such as George Monbiot have voiced the concern that the amended Act effectively "allows the police to ban any campaign they please", and that is has been used to prosecute peaceful protestors. [1]
P R Glazebrook said that this Act is "deplorably vague".[2]
Employers' liability
Employers have vicarious liability for harassment by their employees under section 3 of the Protection from Harassment Act 1997 (see Majrowski v Guy's and St Thomas’s NHS Trust[3]). For employees this may provide an easier route to compensation than claims based on discrimination legislation or personal injury claims for stress at work, as the elements of harassment are likely to be easier to prove, the statutory defence is not available to the employer, and it may be easier to establish a claim for compensation. Also as the claim can be made in the County Court costs are recoverable and legal aid is available.
Scotland
In Scotland the Act works slightly differently:
- A jail term of up to five years can be imposed in very serious cases.
- Civil remedies include damages, interdict and non-harassment orders backed by powers of arrest.
History
The Act resulted from the efforts of Evonne Leonora Von Heussen. A stalking victim herself, she launched the National Association for Victims of Stalking and Harassment (NASH) in 1993, when her then teen-age daughter was stalked by a dangerous character who was known to carry a knife. After Von Heussen found that she could get no help from the police, lawyers, or her local Member of Parliament she began researching anti-stalking laws in other countries. She opened a help line on which she eventually took tens of thousands of calls. She pursued each call with each victim's MP, and attracted a large amount of media attention. After several years of effort she persuaded the Home Office under Prime Minister John Major to take the issue on as a matter of government policy. She wrote the first draft of the Act and worked closely with ministers and senior civil servants in the Home Office and the Lord Chancellor's Department as the final version took shape. She advised ministers from her seat in the Under Gallery, on the floor of the House of Commons, during the Second Reading Debate. After Royal Assent she worked with Home Office and Lord Chancellor's Department in training judges, lawyers, other court personnel, police and voluntary organizations in the use of the Act. She received the MBE in the Queen's Birthday Honours List (1997) for her efforts. She also worked as a consultant on a number of court cases involving stalking and harassment.
See also
References
- ^ a b c George Monbiot, The Guardian, 5 February 2009, Why protesters are now stalkers
- ^ Blackstones Statute's on Criminal Law. Tenth Edition. Blackstone Press Limited. 2000. ISBN 1-84174-087-X. Pages xiii and xiv.
- ^ [2006] UKHL 34, [2006] ICR 1199
External links
- Official text of the Protection from Harassment Act 1997 as in force today (including any amendments) within the United Kingdom, from the UK Statute Law Database
- Majrowski v Guy's & St Thomas' NHS Trust
- Green v DB Group Services (UK) Ltd. (2006) EWHC 1898 (QB) (01 August 2006)
- Neighbours From Hell in Britain: Harassment from your Neighbour
- Weaver v. NATHFE - Race Discrimination Case
- Edward Countryman, The Guardian, 7 January 2009, Those behind the harassment law did not want it to stifle protest
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