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Equality Act 2010: Section 26 - Harassment Prohibition, Slides of Religion

Section 26 of the equality act 2010, which deals with harassment as a form of prohibited conduct. The act defines harassment as unwanted conduct related to a protected characteristic that violates the victim's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. The document also explains the effect of the conduct, the relevant protected characteristics, and the circumstances to be taken into account in deciding whether conduct has the effect referred to in subsection (1)(b).

Typology: Slides

2021/2022

Uploaded on 09/27/2022

norris
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Changes to legislation: Equality Act 2010, Section 26 is up to date with all changes known to be in force on or before
15 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
Equality Act 2010
2010 CHAPTER 15
PART 2
EQUALITY: KEY CONCEPTS
CHAPTER 2
PROHIBITED CONDUCT
Other prohibited conduct
26 Harassment
(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, degrading, humiliating or offensive
environment for B.
(2) A also harasses B if—
(a) A engages in unwanted conduct of a sexual nature, and
(b) the conduct has the purpose or effect referred to in subsection (1)(b).
(3) A also harasses B if—
(a) A or another person engages in unwanted conduct of a sexual nature or that
is related to gender reassignment or sex,
(b) the conduct has the purpose or effect referred to in subsection (1)(b), and
(c) 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.
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Changes to legislation: Equality Act 2010, Section 26 is up to date with all changes known to be in force on or before 15 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Equality Act 2010

2010 CHAPTER 15

PART 2

EQUALITY: KEY CONCEPTS

CHAPTER 2

PROHIBITED CONDUCT

Other prohibited conduct 26 Harassment (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, degrading, humiliating or offensive environment for B. (2) A also harasses B if— (a) A engages in unwanted conduct of a sexual nature, and (b) the conduct has the purpose or effect referred to in subsection (1)(b). (3) A also harasses B if— (a) A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex, (b) the conduct has the purpose or effect referred to in subsection (1)(b), and (c) 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.

2 Equality Act 2010 (c. 15) Part 2 – Equality: key concepts Chapter 2 – Prohibited conduct Document Generated: 2022-06- Changes to legislation: Equality Act 2010, Section 26 is up to date with all changes known to be in force on or before 15 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (4) In deciding whether conduct has the effect referred to in subsection (1)(b), each of the following must be taken into account— (a) the perception of B; (b) the other circumstances of the case; (c) whether it is reasonable for the conduct to have that effect. (5) The relevant protected characteristics are— age; disability; gender reassignment; race; religion or belief; sex; sexual orientation.