Protection from harassment

* A court can issue a restraining order against a former employee under the Prevention from Harassment Act 1997, preventing him/her from going near the company or its employees.

The facts

Mr Cosias was employed as a recruitment consultant. On a number of occasions he was aggressive and abusive to other staff members, who found him to be unpredictable.

Cosias was dismissed following incidents in which he shouted and swore at other employees and made threats against them. The company applied for an extension on a restraining order made under the Protection from Harassment Act 1997. This prevented him from going within a certain distance of the company or any of the individuals named, and from contacting them or otherwise harassing them.

The ruling

The High Court held that the restraining order should be continued for a period of 24 months. Although it said that an order should impose the least restraint possible, it was justified to extend it because of the irrationality of Cosias’ behaviour.

First Global Locums Ltd and others v Cosias [2005] EWHC 1147 (QB) ([2005] IRLR 873)