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Definitions of Discrimination, Harassment, Bullying and Victimisation
including examples of unacceptable behaviours.
This document sets out key definitions of discrimination, harassment, bullying and
victimisation. It also outlines some of the different ways in which discrimination can occur,
Further information about discrimination is found on the Equality and Humn Rights
Commision website (see: https://www.equalityhumanrights.com/en/advice-and-
guidance/what-discrimination).
Discrimination
Discrimination is less favourable treatment which is unlawful and which is not objectively
justified. It applies in employment and in the provision of goods and services.
It can be direct (e.g. a rule or a condition that, when applied, affects a whole group of
people and which cannot be objectively justified. For example, a job advert that
states, ‘No women’ or ‘No Black or Irish people.’)
It can be indirect (e.g. a rule or a condition that, when applied, can affect a relatively
smaller group of people, but which is still discriminatory. For example, a job advert that
said that men had to be clean-shaven in order to be considered for an employment
opportunity. This could affect Sikh men whom, on account of their religious traditions,
are not permitted to shave their beards.)
It can arise form a protected characteristic (see ‘Section 1: Harassment’ below)
Discriminatory behaviour can take many different forms. Below are definitions and examples
of how discrimination can be manifested.
1.
Harassment
Unwanted conduct related to a relevant protected characteristic that has the purpose or effect
of creating an intimidating, hostile, degrading, humiliating or offensive environment for the
complainant or violating the complainant’s dignity.
It may be intentional bullying which is obvious or violent, but it can also be unintentional or
subtle and insidious. It may involve nicknames, teasing, name calling or other behaviour which
may not be intended to be malicious but nevertheless is upsetting.
Harassment can be based on an actual or perceived protected characteristic that an individual
may have under the Equality Act 2010 this includes:
Age
Disability
Gender reassignment (transgender)
Marriage & Civil partnership
Pregnancy, Maternity and Paternity
Race
Religion or belief (including no belief)
Sex (Gender Identity)
Sexual Orientation
