Bullying & harassment in sport: How the Protection from Harassment Act 1997 helps protect athletes & employees

In the last 12 months we have seen a publicity glare surrounding bullying and harassment in sport and media,¹ ranging from the #MeToo campaign to complaints by individual athletes about bullying (see by illustration the ongoing Jess Varnish litigation² against British Cycling, and the paralympian snowboarder Cassie Cava’s complaints³ against British Parasnowsport).

Accordingly, this article reviews the provisions of the Protection from Harassment Act 1997⁴ and explores the extent to which the Act provides rights and remedies to those working in Sport who have been victims of such behaviour. Specifically, it looks at:

• The Protection from Harassment Act 1997

  • Stated aim

  • The statutory prohibition against harassment

  • Harassment defined

  • Course of conduct

  • Excepted courses of conduct (defences)

• Can an employer be vicariously liable for harassment under the 1997 Act?

• Targeted harassment

• Damages for harassment under the 1997 Act

• The Act applied in a sports context