Legal Services for Employees and Employers
BULLYING AND HARASSMENT
BULLYING
SEXUAL HARASSMENT
SEXUAL HARASSMENT
There is no legal definition of bullying, but it can be described as unwanted behaviour from a person or group that is either:
- offensive, intimidating, malicious or insulting
- an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone physical or emotional harm to someone
Bullying and harassment are often confused. By law (Equality Act 2010), bullying behaviour can be harassment if it relates to a 'protected characteristic'.
Bullying that is not classed as harassment could still lead to other legal issues.
SEXUAL HARASSMENT
SEXUAL HARASSMENT
SEXUAL HARASSMENT
Sexual harassment at work is specifically referred to in the the Equality Act 2010.
The 3 different types of sexual harassment are:
- Unwanted conduct of a sexual nature, which has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
- Where you either reject sexual advances, or accept them, but you are subsequently treated less favourably by the person who has harassed you.
- Sex-related harassment, where there is unwanted conduct of a sexual nature which relates to your gender, which again, has the purpose or effect of violating your dignity or creating an unpleasant environment.
Whether or not unwanted sexual conduct violates a person’s dignity or creates an offensive environment, depends on the victim’s perspective and whether their reaction is reasonable
in all the circumstances.
(OTHER TYPES OF) Harassment
PERCEPTION, CIRCUMSTANCE & REASONABLENESS
PERCEPTION, CIRCUMSTANCE & REASONABLENESS
For other types of harassment under the Equality Act 2010, any unwanted conduct must have either;
- violated the person's dignity
- created an intimidating, hostile, degrading, humiliating or offensive environment for the person
It must also be related to a 'protected characteristic' where the individual:
- has a relevant 'protected characteristic' themselves
- is harassed because they are thought to have a certain 'protected characteristic' when they do not
- is harassed because they have a connection with someone with a certain 'protected characteristic'
- witnesses harassment, if what they've seen has violated their dignity or created an intimidating, hostile, degrading, humiliating or offensive working environment for them
Whether or not unwanted conduct violates a person’s dignity or creates an offensive environment, depends on the victim’s perspective and whether their reaction is reasonable
in all the circumstances.
Alternatively, if the conduct amounts to harassment, but is not covered by the Equality Act 2010, you can also consider action under the Protection from Harassment Act 1997.
PERCEPTION, CIRCUMSTANCE & REASONABLENESS
PERCEPTION, CIRCUMSTANCE & REASONABLENESS
PERCEPTION, CIRCUMSTANCE & REASONABLENESS
In deciding whether harassment has occurred within the Equality Act 2010, it is important to consider 3 factors:
- The perception of the worker; that is, whether they feel that it violated their dignity or created an offensive environment for them. This part of the test is a subjective question and depends on how the individual regards the treatment.
- The circumstances of the case. Circumstances that may be relevant. For example, a particular term may be offensive to people of one race because historically it has been used as a derogatory term in relation to that race, whereas people of other races may not generally understand it to be offensive.
- Whether it is reasonable for the conduct to have that effect. This is an objective test. An employer, Tribunal or Court, is unlikely to find unwanted conduct, of offending a worker, if it is considered that the worker is being hypersensitive and that any other reasonable person subjected to the same conduct would not have been offended.
PROTECTED CHARACTERISTICS
PROTECTED CHARACTERISTICS
PROTECTED CHARACTERISTICS
‘Protected characteristics’ referred to in the Equality Act are:
- age
- disability
- gender reassignment
- race
- religion or belief
- sex
- sexual orientation
VICTIMISATION
PROTECTED CHARACTERISTICS
PROTECTED CHARACTERISTICS
Victimisation occurs when someone is subjected to a detriment because they’ve made or supported a complaint of harassment, raised a grievance about harassment or supported another in doing so.
A comparator isn't required for a claim of victimisation, as the question is whether the person raising the complaint of victimisation has been subjected to a detriment because of their complaint or support of another. The motive for the treatment is key factor
See our page on Victimisation for more details