Harassment and Victimisation Notes PDF

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Lecture notes on harassment and victimisation - discrimination...

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Harassment and Victimisation Chapter 11 Harassment and victimisation in respect of the following protected characteristics listed in Section 4 of the Equality Act 2010:     

Gender Reassignment - Section 7 Race – Section 9 Religion or Belief – Section 10 Sex – Section 11 Sexual Orientation – Section 12

 Harassment Section 26 Equality Act 2010: ‘Unwanted conduct, which has the purpose or effect of, (a) Violating the employees dignity; or (b) Creating an intimidating, hostile, degrading, humiliating or offensive environment for that employee.’ There are 3 different types of harassment: 1. Sexual Harassment – Section 26(2) Unwanted conduct of a sexual nature that meets the general definition of harassment under Section 26(1) will be unlawful i.e has a purpose of effect of violating the employees dignity etc… The key issues are whether the conduct was of a ‘sexual nature’ and whether it was ‘unwanted’ by the employee. Conduct of a sexual nature is not defined in the act. o o o o o o

Unwelcome sexual advances – example given by the EHRC Touching/standing too close - example given by the EHRC Forms of sexual assault Sexual jokes Displaying pornographic pictures - example given by the EHRC Sending emails with material of a sexual nature

2. Less favourable treatment Employer liable for less treatment of a person because of their submission or rejection of sex or gender reassignment related harassment or sexual harassment which had the purpose or effect of violating that person’s dignity etc… Example: A shopkeeper propositions one of his shop assistants. She rejects his advances and then is turned down for promotion which she believes she would have got if she had accepted her bosses advances.

3. Characteristics related harassment The Equality Act 2010 follows through Harassment no longer need to be ‘on the grounds’ of but rather ‘related to’ a protected characteristics. The view is there that causation is no longer relevant and that no comparator is needed.

 Victimisation  This happens when an individual is singled out because they have used the system to make a complaint or challenge treatment received.  They are treated less favourably because they have:  Brought proceedings on grounds of discrimination  Given evidence or information connected with proceedings brought by someone else  Done anything else over a discrimination complaint  Alleged a breach of discrimination law, or where it is known that they intend to do so Victimisation is likely to involve when:     

Being denied promotion Being subject to poor assessment Special monitoring of attendance – Lindsay v Alliance & Leicester 2000 Giving employees unsatisfactory references because they have taken discrimination claims Refusing an employer a small amount of time off to meet with a Racial Advisory Council – TNT Express Worldwide v Brown 2001...