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TORT OF HARASSMENT, Which amounts to harassment of another, and, Which he…
TORT OF HARASSMENT
- PROTECTION FROM HARASSMENT ACT 1997
Creates a statutory tort, whereby a D is liable to the C in damages if the D engages in a course of conduct which amounts to harassment of the C, and which the D knows, or ought to know, amounts to harassment of the C
Parliament has specified that an actionable wrong can give rise to a civil remedy, and where that wrong reflects the hallmarks of a tort, and for which damages can be obtained in a civil court
S1
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The prohibition in this section is enforceable by the creation of Criminal Offence (S2) and by a Civil Remedy (S3)
S3(1)
Provides that an actual or apprehended breach of S1 may be the subject of a claim of civil proceedings by the person who is or may be the V's of the course of conduct in question
Aims of The Act
- Conduct amounting to harassment can arise from the D's spoken words, written statements or behaviour
- It can be face to face, letters, emails, calls, being photographed without consent
- Harassment can arise from conduct which has already occurred, or from threats to commit acts (publication of embarrassing material)
- The Act was originally aimed at preventing stalking
- One of the elements of the Act has been to deal with workplace bullying
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- THE WORKER PROTECTION (AMENDMENT OF EQUALITY ACT 2010 BILL)
Better protects employees from the workplace harassment and sexual harassment, shifting the focus from 'redress' to 'prevention'
The most significant changes proposed by the bill include imposing a new positive day on employers to 'take all responsible steps' to prevent their employees experiencing workplace sexual harassment
- PROTECTION FROM SEXUAL HARASSMENT ACT 2023
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A law firm describes these new amendments as 'watering down' liability when it comes to sexual assault
- PROTECTION OF FREEDOMS ACT 2012
Doesn't specifically define stalking, but a series of indicative behaviours are listed:
- Following a person
- Contacting, or attempting to contact a person by any means
- Publishing any statement or other material relating to a person
- Loitering in any place
- Interfering with any property in the possession of a person
- Watching or spying on a person
- Which amounts to harassment of another, and
- Which he knows, or ought to know amounts to the harassment of another