Harassment

What is Harassment in Tort Law?

Quick Definition

Harassment is a civil wrong where a person engages in a course of conduct that causes another to suffer alarm or distress. It is primarily governed by statute, particularly the Protection from Harassment Act 1997 in the UK, but it operates alongside tort principles. The focus is on repeated behaviour rather than isolated incidents.

In Context

Harassment arises where the defendant pursues a pattern of behaviour that is oppressive and unreasonable, such as repeated unwanted contact, threats, or stalking. A single act is generally not enough; there must usually be at least two incidents showing a continuing course of conduct. In Majrowski v Guy’s and St Thomas’ NHS Trust (2006), the House of Lords confirmed that an employer could be vicariously liable for harassment committed by an employee in the course of employment. Courts assess whether the conduct would cause a reasonable person to feel harassed or distressed, making the test partly objective. Remedies can include damages for anxiety and financial loss, as well as injunctions to prevent further conduct. Harassment is significant in tort practice because it bridges civil liability and criminal law concepts, offering protection against persistent non-physical harm.

See Also

• Intentional Torts

• Vicarious Liability

• Nuisance

Learn More

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