The theme, which I have rigorously pursued and developed during my research career, is legal protection for victims of harassment and discrimination.  These terms are used here in their broadest sense and encompass various kinds of undesirable behaviour.  The victims of these types of behaviour have been traditionally disadvantaged because their legal rights have been disregarded and consequently they have been given little or no legal protection (e.g. victims of sexual harassment or stalking). They are often the weaker party in a relationship or someone who is not afforded due care or consideration by another party whose actings adversely affect them.  As a consequence they will suffer economic loss and/or physical or mental harm to their person. Often the legal process they must follow to secure redress is weighted against them.  This could take the form of evidential difficulties (e.g. proving an employer’s vicarious liability in discrimination cases) or having to utilise judicial procedures that are inaccessible.  In some instances there are inherent inequalities between the treatment they receive (e.g. homosexuals, women) within the legal system as compared with members of other groups (e.g. men and heterosexuals). The research is intended to highlight the difficulties faced by these groups and identify possible legal solutions.  It could involve recommendation of a course of action that can be pursued on their behalf by legal practitioners (e.g. applying existing laws that are untried in a particular legal context).  Alternatively the courts handling of a case may be the subject of constructive criticism (e.g. interim relief for victims of stalking). In the context of analysis of legal protection for victims of discrimination and harassment, the Government has often been encouraged to introduce legal rules for the first time to provide protection to disadvantaged groups (e.g. protection of the employment rights of homosexuals and lesbians).  The Government or the legislature have also been encouraged to amend existing legislation to ensure better protection is available or to comply with legislation emanating from the European Union (law on sexual harassment, disability discrimination).  The Government may also be encouraged to change their social policy. This research has identified areas for social change and has either directly or indirectly led to actual or proposed changes in the law.  It has also been partly responsible for improvement in the quality of the protection for legal claimants. Legal representatives have been acquainted with the full scope of legal redress available to their clients. Another feature of my research is consideration of the appropriateness of legal tests or principles to decide an issue (e.g. comparators in discrimination cases).  A substantial part of my research has been concerned with discrimination and the need for equality of treatment within society.  More specifically it is often concerned with protecting someone against behaviour which represents an affront to their person e.g.  harassment, stalking or bullying.  The judiciary is sometimes respectfully requested to reconsider their approach to a legal issue to ensure such victims are given legal protection.

This thesis describes two separate but related studies. The first, study 1 investigated age and gender differences in participants’ perceptions of the concept of bullying. 159 participants were individually interviewed. Approximately 20 males and 20 females were in each of the following age groups: 5- 6, 9- 10, 15 – 16, 18 – 29 years of age. Interviews began with the participants giving their definition of bullying. Once this had been completed, 26 hypothetical scenarios were presented, containing various features involved in bullying. Participants were asked whether they believed bullying had occurred or not and the reasons for their response. Later 4 open ended questions were asked. Finally, participants were asked to give their definition of bullying again. Findings from study 1 indicate that though different from that of older participants, children as young as 5 and 6 years of age have a comprehensive understanding of bullying. Many age related differences were found in study 1, however few gender differences were found. These findings will be presented and their practical implications for teachers and for future research into the extent and prevention of bullying will be discussed. Study 2 investigated parent versus teacher conceptions of bullying. This study employed 80 participants; 40 teachers and 40 parents, balanced for gender. A modified, shorter version of the study 1 interview was used. Various parent – teacher differences were found. These differences will be discussed in reference to how they may affect parent-teacher liaison when dealing with issues of school bullying. Finally, pupil responses in study 1(5 – 6, 9 – 10, and 15 – 16 year olds) will be compared to parent and teacher responses in study 2. Differences revealed will be considered in relation to their practical implications for intervening in bullying situations.

This research investigated the levels of being bullied and bullying for 8-15 year old pupils in school. Various studies showed that pupils’ own reports of being bullied and bullying differed from teacher and to a lesser degree peer nominations of pupils who are victims or perpetrators of bullying. Analyses of data examined the consistency of the results from two questionnaires, the ‘Life in Schools’ booklet and a questionnaire on bullying designed by Dan Olweus. Both questionnaires were evaluated for their usefulness in identifying levels of being bullied. In addition interview measures were also compared with reports from the anonymous questionnaire (Olweus questionnaire). Results showed that although there was consistency between the two measures, pupils were more likely to admit to bullying in the anonymous questionnaire than during interviews. Interview data was also collected at two time points. Study 1 investigated types of bullying, pupils’ understanding of what bullying is, and feelings of being bullied and bullying. Study 2 investigated types of bullying and who bullied whom in different ethnic/racial groups. The interview data led to the Olweus definition of bullying and questionnaire to be modified on two occasions to accommodate different types of bullying, that of indirect bullying and racial abuse. Data was also analysed to determine whether ‘ethnic minority’ pupils were more likely to be bullied or engaged in bullying compared to ‘white’ pupils. Results showed that there was no significant difference between the two groups. Further analyses of sex differences in being bullied and bullying showed that females used more indirect means of bullying compared to males although male levels of bullying were higher than that of female pupils. A Survey Service was also designed and implemented so that schools could carry out their own survey to investigate levels of bully/victim problems in schools. The Survey Service provided a package of information and a quota of questionnaires for teachers to administer to pupils in their schools. Results were then analysed by the University researcher and a portfolio returned to schools giving a breakdown by sex and class of pupils who have been bullied and bullying. The final analysis investigated the effectiveness of using a bully court in one middle school. Results showed that in the intervention classes levels of bullying declined and in the non-intervention classes bullying increased. The outcome of the results is discussed in relation to its effectiveness and the ethics of using this type of intervention.