The Protection from Harassment Act 1997 s.1 sets out the prohibition of harassment, providing for two classes of criminal offence, whilst Protection from Harassment Act 1997 s.3 provides for civil liability. The lesser offence is liable to summary conviction, whilst the offence of harassment can also constitute an arrestable offence under the Police and Criminal Evidence Act 1984 s.24(2). Section 3 provides that any offence under section 1 may be the subject of a civil claim by the affected person.

This opened a new route by which employers can be made liable to pay substantial damages for harassment of an employee by fellow employees as the House of Lords in 2006 held that it means that in some circumstances a bullied employee can win damages under Protection from Harassment Act 1997 s.3. This is so notwithstanding that that Act was originally intended as an anti-stalking measure and notwithstanding that there was no negligence on the part of the employer (see notes at Majrowski v Guy's & St Thomas's NHS Trust HL 2006 UKHL 34). An additional advantage, for employees, of using this route even in cases where a sex or race discrimination claim might be made is that an employee or ex-employee can bring a Protection from Harassment Act claim up to 6 years after the bullying rather than the normal 3 months allowed under anti-discrimination law (see eg Time-limits/for various applications to Employment Tribunals/sex discrimination claims and Equality Act 2010/harassment ).

The position above applies in England and Wales. It is different in Scotland where harassment is not a criminal offence under the Protection from Harassment Act 1997.

For notes on the position under Equality Act 2010, which provides specific rights when harassment is related to certain specified protected characteristics, go to notes at Equality Act 2010/harassment . See also Bullying at work/a general note .