Part 2Equality: key concepts

Chapter 2Prohibited conduct

Other prohibited conduct

26Harassment

1

A person (A) harasses another (B) if—

a

A engages in unwanted conduct related to a relevant protected characteristic, and

b

the conduct has the purpose or effect of—

i

violating B's dignity, or

ii

creating an intimidating, hostile, degrading, humiliating or offensive environment for B.

2

A also harasses B if—

a

A engages in unwanted conduct of a sexual nature, and

b

the conduct has the purpose or effect referred to in subsection (1)(b).

3

A also harasses B if—

a

A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex,

b

the conduct has the purpose or effect referred to in subsection (1)(b), and

c

because of B's rejection of or submission to the conduct, A treats B less favourably than A would treat B if B had not rejected or submitted to the conduct.

4

In deciding whether conduct has the effect referred to in subsection (1)(b), each of the following must be taken into account—

a

the perception of B;

b

the other circumstances of the case;

c

whether it is reasonable for the conduct to have that effect.

5

The relevant protected characteristics are—

  • age;

  • disability;

  • gender reassignment;

  • race;

  • religion or belief;

  • sex;

  • sexual orientation.

I127Victimisation

1

A person (A) victimises another person (B) if A subjects B to a detriment because—

a

B does a protected act, or

b

A believes that B has done, or may do, a protected act.

2

Each of the following is a protected act—

a

bringing proceedings under this Act;

b

giving evidence or information in connection with proceedings under this Act;

c

doing any other thing for the purposes of or in connection with this Act;

d

making an allegation (whether or not express) that A or another person has contravened this Act.

3

Giving false evidence or information, or making a false allegation, is not a protected act if the evidence or information is given, or the allegation is made, in bad faith.

4

This section applies only where the person subjected to a detriment is an individual.

5

The reference to contravening this Act includes a reference to committing a breach of an equality clause or rule.