Cases

Ferguson v British Gas Trading Ltd

Held

Dimissing the appeal,

(1)It was strongly arguable that B's conduct was capable of satisfying the test of gravity. A person would be likely to suffer real anxiety and distress if threatened in the way F was threatened.

(2) It was notable that the Act did not provide any defence for "accidental" harassment. It was difficult to think of a policy reason why large corporations should be exonerated for conduct which, if carried out by an individual, would amount to harassment. The court's provisional view was that F had pleaded enough to allege actual knowledge of the conduct complained of.

It seemed that a company must be taken to have knowledge of material within the knowledge of its employees, even if top management knew nothing of the particular case. In any case, F did not have to prove actual knowledge as an "ought to know" case would suffice.

Also