| Published by: The Reasonable Adjustment
The Protection from Harassment Act 1997 (PfHA) may have started life as an anti-stalking law, but it has quietly become a vital weapon for ordinary people — especially the vulnerable — to challenge unjust and oppressive behaviour by institutions, employers, and public bodies. If you’ve ever felt shut out, stonewalled, or punished for asserting your rights, this law may be your legal shield.
What Is the Protection from Harassment Act 1997?
Under Section 1, it’s a criminal offence to engage in a course of conduct that amounts to harassment and which the perpetrator knew or ought to have known would cause alarm or distress.
Section 3 gives individuals the right to take civil legal action, without waiting for police involvement. You can apply for an injunction or claim damages.
Can Organisations Be Liable? Yes — And Here’s the Proof
1. Majrowski v Guy’s and St Thomas’ NHS Trust [2006] UKHL 34
This House of Lords decision confirmed that employers can be held vicariously liable under the PfHA.
“There is nothing in the Act to indicate that Parliament intended to exclude employers’ vicarious liability.” — Lord Nicholls
2. Veakins v Kier Islington Ltd [2009] EWCA Civ 1288
The Court of Appeal found that a supervisor’s conduct toward a young employee qualified as harassment. It didn’t need to be violent — it just had to be oppressive.
3. Levi v Bates [2015] EWCA Civ 206
The courts ruled that a person may claim harassment even if they weren’t the direct target — so long as they were caused alarm or distress by the conduct.
This Law Matters for the Vulnerable
If you’re disabled, neurodivergent, or otherwise vulnerable, and an organisation:
- Blocks your emails after you make a legal request
- Refuses to provide reasonable adjustments
- Uses safeguarding language to silence your complaint
- Creates a hostile or distressing environment
…you may be facing a course of conduct that qualifies as harassment under the PfHA. And yes, you are allowed to take action.
What You Can Do
Under Section 3, you can:
- Apply for an injunction to stop the behaviour
- Claim damages for emotional distress
- Send a formal pre-action warning letter
If the injunction is breached, the offender can be arrested and prosecuted.
You’re Not the Problem
Following up on a Subject Access Request is not harassment. Asserting your right to reasonable adjustments is not harassment. If an institution treats you like it is — that says more about them than you. The law is on your side.
Summary Table: Know Your Rights
| You Can | They Can’t |
|---|---|
| Submit SARs and complaints | Block you for exercising legal rights |
| Request disability adjustments | Retaliate against persistence |
| Take civil action under the PfHA | Create hostile conditions for speaking up |
Final Thoughts
The *Protection from Harassment Act 1997* isn’t just about stalkers. It’s about power. And it gives ordinary people a legal tool to say: “You can’t treat me like this.” If you’re being silenced, isolated, or punished for asserting your rights — you’re not imagining it. You’re likely standing on solid legal ground.
Need help drafting a warning letter or injunction request? Get in touch here.
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