Harassment is unlawful under the Equality Act 2010 and is defined as unwanted conduct related to a protected characteristic that has the purpose or effect of violating someone's dignity, or creating an intimidating, hostile, degrading, humiliating, or offensive environment.
Three Types of Harassment
- Harassment related to a protected characteristic — unwanted conduct related to age, disability, gender reassignment, race, religion/belief, sex, or sexual orientation
- Sexual harassment — unwanted conduct of a sexual nature, including verbal, non-verbal, or physical behaviour
- Less favourable treatment after harassment — treating someone less favourably because they submitted to or rejected sexual harassment
Examples of Workplace Harassment
- Offensive jokes, comments, or banter about a protected characteristic
- Displaying offensive materials, images, or social media posts
- Unwelcome physical contact or invasion of personal space
- Excluding someone from meetings or social events because of a characteristic
- Spreading rumours about someone's personal life
Employer Liability
Employers are vicariously liable for harassment by employees during the course of employment. The only defence is proving you took all reasonable steps to prevent the harassment. This means:
- Having a clear anti-harassment policy
- Providing regular training for all staff
- Investigating complaints promptly and thoroughly
- Taking appropriate disciplinary action
Since October 2024, employers have a proactive duty to prevent sexual harassment, making prevention measures even more critical.
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