Employer vicariously liable in negligence for bullying,harassment and victimisation damages.

The title may come as no surprise to readers of this site but the case details might-since this involved a police authority and dreadful conduct by senior officers.

 

 

In Clark v Chief Constable Of Essex, the claimant was a former police officer employed by the defendant chief constable.

 

 

On the evidence presented the defendant was liable in negligence for the personal injuries suffered by the claimant (psychological and physical injuries that included depression, post-traumatic stress disorder and shingles).

 

 

The actions of Mr Clark’s superior included actions of bullying by way of shouting, criticism, humiliation and unlawful disciplining and should serve as an example to any employer how not to go about managing a complaint by an employee against a superior-here the police made the bullying senior officer Mr Clark’s line manager after various complaints had been made against each other. It was an action that invited trouble and should and could have been handled by at least giving the senior officer a clear indication in advance what  would not be tolerated.

 

 

The court held that the employer-the police authority-could be vicariously liable in negligence for the wrongful acts of its employees and that the damages foreseeable depended on the facts of each individual case but here could and did include the personal injuries of Mr Clark. The senior police officers of Mr Clark knew he would be unable to cope with the treatment he was receiving from the bully and his assistant but did nothing to help Mr Clark.

 

 

In any organisation proper management of complaints and grievances are key lest they become headline news for expensive management failings-as this police authority has found to its cost.

 

 

Please see also other articles on the same subject-Protection of Harassment Act 1997 makes employers vicariously liable for harassment acts of employees.