Harassment (Equality)

The statutory test has two limbs, and either is enough: '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.' A separate limb covers unwanted conduct 'of a sexual nature' with the same purpose or effect, whether or not it is linked to any protected characteristic at all.

A third form addresses 'less favourable treatment' triggered by how someone responds to unwanted sexual conduct: harassment also occurs where unwanted sexual (or gender-reassignment- or sex-related) conduct occurs and, '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.' Crucially, effect can count even without intent: in deciding whether conduct had the prohibited effect, the Act requires the decision-maker to take into account 'the perception of B', 'the other circumstances of the case', and 'whether it is reasonable for the conduct to have that effect' — so unintended but reasonably-perceived harassment can still breach the section. The protected characteristics covered by this section are listed as 'age; disability; gender reassignment; race; religion or belief; sex; sexual orientation' — marriage/civil partnership and pregnancy/maternity are not covered by the general harassment provision.