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Most of us will (fortunately) go through life without ever needing to think too hard about harassment laws. But for those who find themselves on the receiving end of persistent, unwanted behaviour — whether it’s online abuse, threatening messages, or being followed or watched — it can be a frightening and isolating experience.

The good news is that the law does offer protection. The Protection from Harassment Act 1997 exists to help individuals who are subjected to this kind of conduct, and depending on the circumstances, there may be criminal and civil remedies available.

Below, we set out how the law works, how compensation is calculated, and how Vine Law can support you in making a claim if needed.

The Protection from Harassment Act 1997 (“PHA”) defines harassment as either a course of conduct (usually requiring two or more instances of harassment) or where a party’s conduct puts the victim in fear of violence.

Harassment can take many forms and can involve the following:

• Cyber harassment - via the various forms of social media.
• Abuse/threats - physical abuse and the threat(s) of it.
• Stalking - in person or via social media.
• Unwanted other forms of communication - texts, emails, telephone calls, visits to the victim’s home.

Under the PHA there are criminal sanctions available following a successful prosecution, but a victim can also seek recourse through the civil court system to obtain an injunction to prevent further harassment; and/or a claim for monetary compensation.

The burden of proof for a criminal offence under the PHA is that the conduct must be proven ‘beyond all reasonable doubt’.  Under the civil laws the burden of proof is somewhat less where the test is ‘on the balance of probabilities’.

Compensation can be awarded for a psychiatric injury.  Cases under the PHA are often decided on a case-by-case basis considering the circumstances of each case.

In the civil courts compensation is awarded for injury to feelings and for aggravated damages.  With reference to reports from medical experts and the available factual witness evidence available the courts will quantity the compensation payable taking into consideration:

• Severity.
• Duration.
• Nature i.e. any sexual or racial context.
• The impact on the victim.

Injury to feelings requires anxiety, mental, and emotional distress to be suffered by the victim and the compensation payable is often assessed with reference to the “Vento Bands”:

• £1,200 - £12,100 less serious.
• £12,100 - £36,400 serious.
• £36,400 - £69,700 very serious.
• £60,700 and above, exceptional.

The courts will prevent any over lay/double recovery with financial loss and aggravated damages.

If harassment occurs in the workplace an employee’s employer may be vicariously liable for that employee’s bullying and harassment of a colleague.

A successful civil claim under the PHA may lead to recovery of compensation and payment of your legal costs.  However, an unsuccessful claim may result in an order for you to pay your opponent’s costs.  At Vine Law we can pursue claims under the PHA with the benefit of a Conditional Fee Agreement (aka “No Win, No Fee Agreement” and/or legal expenses insurance to cover your own expenses and an adverse order for costs.

Claims under the PHA must be brough within 6 years from the date of the first instance of harassment.
  
What Vine Law Can Do

• Liaise with the police, and/or Crown Prosecution Service. Whilst it is not essential for there to be a criminal conviction, it would assist in the civil claim where the standard of proof is lower.
• Letter of claim to the offender seeking an undertaking for the harassment to stop and for compensation to be assessed.
• Obtain medical evidence in the form of expert’s reports.
• Pursue a civil court action.
• Seek an injunction to prevent the harassment initially on an interim basis and then a final injunction the breach of which can lead to criminal sanctions.
• Seek an order for monetary compensation in respect of the injury suffered and your financial losses.

  
If you’d like to speak with Marcus you can call him on 01945 898090 or email This email address is being protected from spambots. You need JavaScript enabled to view it.