Genuine equality requires that all people be protected from harassment at work whatever their personal characteristics. Currently the law offers better protection to some individuals than others in circumstances that may lead to apparently unjust outcomes. This article identifies the difficulties for some victims in obtaining redress and proposes a convenient solution.
By Simon Anderson, barrister, Park Square Barristers
The Equality Act 2010
The only statutory definition of harassment is to be found in section 26 of The Equality Act 2010.
(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, degradi...
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