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

Friday, 27 April 2018 Author: Nina Goolamali KC

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 litigation ² against British Cycling, and the paralympian snowboarder Cassie Cava’s complaints ³ against British Parasnowsport).

Accordingly, this article reviews the provisions of the Protection from Harassment Act 1997 ⁴ 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

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Tags: Athlete Welfare | Bullying | Employment Law | Protection from Harassment Act 1997 | United Kingdom (UK) | Vicarious Liability

Written by

Nina Goolamali KC

A powerhouse... She knows both the law and the market inside out. A brilliant team leader and a formidable opponent.” (Legal 500)

“Her tactical awareness and ability to retain information and find creative solutions is really top level. Nina…is a brilliant negotiator and advocate.” (Chambers and Partners)

Nina Goolamali KC is a highly regarded advocate in personal injury and sport. Described as “one of the go-to KCs” who "inspires confidence”, she is regularly instructed on behalf of Defendants in multi-million pound press sensitive cases especially when a new duty or standard of care is being advanced.

Winner of the Legal 500 Sport Silk of the Year Award 2024, and three time nominee for the same award in 2022, 2023 and 2025, the Legal Directories consistently list Nina Goolamali KC as a Leading Practitioner in her chosen fields.

Nina has a Post Graduate Diploma in Sports Law from King’s College, London. She is a member of the Sport Resolutions UK Pro Bono Legal Service and is part of the UK and Ireland Editorial Board of LawInSport, (a leading online international sports publication).

She has been admitted as a Fellow of the Chartered Institute of Arbitrators (FCIArb). This appointment reflects her extensive experience as an Advocate and Arbitrator in a wide range of disciplinary, governance and injury disputes within the sports industry. Nina is also an accredited Mediator of the Centre for Effective Dispute Resolution (CEDR) and an Associate Mediator of the Civil Mediation Council (CMC).

Nina is an arbitrator panellist for Sport Resolutions, and also acts as a party appointed sole or panel arbitrator on an ad hoc basis.