What do you need to care about?
Types of Harassment
So what does all of this mean for you? Unlike direct discrimination, harassment does not require a real or hypothetical comparator. It is therefore not necessary for the worker to show that another person was, or would have been treated more favourably. (For further information on discrimination please see a previous article I have written).
EqA (The Equality Act) prohibits three types of harassment. These are:
- Harassment related to a “relevant protected characteristic”;
- Sexual harassment; and
- Less favourable treatment of a worker because they submit to, or resist, sexual harassment or harassment related to sex or gender reassignment.
The relevant protected characteristics are:
- Gender reassignment
- Religion or belief
- Sexual orientation
Harassment Related to a Protected Characteristic
For this type of harassment to occur a person has to engage in unwanted conduct which is related to a relevant protected characteristic and which has the purpose or the effect of:
- Violating the worker’s dignity, or
- Creating an intimidating, hostile, degrading, humiliating or offensive environment for that worker.
It should be noted that unwanted conduct may include a wide variety of behaviours. It can for instance be:
- spoken or written words or views
- physical gestures
- facial expressions
- acts affecting a person’s surrounding or other physical behaviour
Go to Part 3 – What does your staff handbook say? Examples of harassment ¦ Or go back to Part 1
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