| The case of Hammond v INTC Network Services Ltd | | | | operational decision, the commercial world would grind |
| [2007], concerned issues relating to vicarious liability | | | | to a halt. |
| where a claimant complained that the defendant's | | | | Furthermore, the court felt that it was important in a |
| conduct causing him to suffer clinical depression. The | | | | negligence claim concerned with workplace stress |
| claimant in this case was employed by the defendant | | | | that in order for an employer to be liable it had to be |
| until he was eventually made redundant. | | | | demonstrated that the employer knew (or ought to |
| The claimant was suffering from clinical depression | | | | have known) that the employee would not be able |
| which he maintained had been caused principally by | | | | to withstand the pressure of the job. |
| the conduct of the defendant, its employees or | | | | The court further felt that the documents were |
| agents. He alleged that this was either negligent or | | | | genuine contemporaneous documents, and were the |
| amounted to harassment contrary to the Protection | | | | best evidence of the defendant's conduct at the |
| from Harassment Act 1997 ("the Act"). | | | | time in question. They established that the events |
| The claimant made a number of allegations in relation | | | | leading up to the employee's redundancy either did |
| to the employer's conduct that he argued amounted | | | | not happen at all, or were the result of reasonable |
| to harassment. The conduct in question included the | | | | management decisions. The court therefore stated |
| fact that he had been moved to another part of a | | | | that this case was the complete opposite of |
| project for a week. | | | | harassment. Accordingly in such circumstances neither |
| In response to the defendant's reliance on | | | | claim could be allowed to succeed. In addition, and in |
| contemporaneous documents, the claimant asserted | | | | relation to the claim for negligence, the claimant had |
| that the documents had either been forged or | | | | not shown that his disorder had been foreseeable by |
| altered. | | | | the defendant. As a result, the court dismissed the |
| The court, in applying settled principles, held that | | | | claims. |
| conduct had to have an element of real seriousness | | | | © RT COOPERS, 2007. This Briefing Note does |
| in order to amount to harassment under the Act. | | | | not provide a comprehensive or complete statement |
| The conduct had to be deemed to be oppressive | | | | of the law relating to the issues discussed nor does it |
| and unacceptable. If interpretation of the law meant | | | | constitute legal advice. It is intended only to highlight |
| that employers were faced with allegations of | | | | general issues. Specialist legal advice should always be |
| harassment every time that they made an | | | | sought in relation to particular circumstances. |