February/March 2024 (vol. 20/5)

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EXPERT WITNESS: Harassment and the law: Part 2

Part 2: anti-harassment legislation, case law and ethical guidance


In the second of a two-part feature, OH law expert Diana Kloss discusses the role of anti-harassment legislation, case law and ethical guidance.

The first part of this article dealt principally with the Equality Act 2010 (EqA) and how it affects an employer’s duty to protect its employees against bullying and harassment related to a protected characteristic. This second part will explain other legislation, case law and guidance relevant to this area.

Protection from harassment

The Protection from Harassment Act 1997 (PH Act) was passed to deal with ‘stalking’, a severe form of harassment, and made a course of conduct amounting to harassment both a criminal and civil wrong. The PH Act states that harassment includes alarming a person or causing distress, and that a course of conduct must involve prohibited behaviour on at least two occasion…


Diana Kloss is a barrister, former part-time employment judge, Acas arbitrator and author.

Author: Kloss D


Occupational Health at Work February/March 2024 (vol. 20/5) pp35-37

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