Great Britain
Overview
Please review the information below and then return to the workplace harassment prevention course.
Applicable Laws
The Equality Act 2010 applies to England, Scotland and Wales and prohibits employment discrimination, including harassment, on the basis of any protected characteristic.
The Protection from Harassment Act 1997 also applies in Great Britain and makes harassment, within the meaning of the Act, a criminal offence. Harassment in the context of employment could result in criminal penalties under the Act.
Protected Characteristics
The Equality Act 2010 prohibits discrimination based on the characteristics below.
- Age
- Disability
- Gender reassignment (proposing to undergo, undergoing or having undergone a process to reassign your sex)
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Harassment on the basis of any characteristic, except marriage and civil partnership and pregnancy and maternity, is similarly unlawful. In many cases, harassment on the basis of marriage and civil partnership or pregnancy and maternity would constitute harassment on the basis of sexual orientation or sex and thus be unlawful as well.
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Harassment
Harassment arises when someone does something that is unwanted, related to a protected characteristic and which, to a reasonable person, has the purpose or effect of:
- violating the employee’s dignity, or
- creating an intimidating, hostile, degrading, humiliating or offensive work environment.
Sexual harassment
Sexual harassment arises when someone does something that is unwanted, of a sexual nature and that, to a reasonable person, has the purpose or effect of:
- violating the employee’s dignity, or
- creating an intimidating, hostile, degrading, humiliating or offensive work environment.
Filing a Claim under the Equality Act 2010
A claim for employment discrimination or harassment based on a protected characteristic must be made to an employment tribunal.
Potential Remedies
Under the Equality Act 2010, an employee who has experienced discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress the unlawful conduct. Potential remedies are listed below.
- A declaration of the rights of the parties
- Reimbursement of costs
- Compensation for any loss suffered (including for injury to feelings, lost earnings, personal injury or aggravated damages)
- Recommendations to benefit the wider workforce and not just the claimant
Victimisation Prohibited
It is unlawful for an employer to engage in victimisation as to an employee who makes a claim or allegation as to discrimination or harassment or assists someone else to make such a claim or allegation.