Sexual harassment

As well as prohibiting harassment related to the protected characteristics, section 26(2) of the EA10 specifically outlaws sexual harassment — unwanted “conduct of a sexual nature”. The Equality and Human Rights Commission (EHRC) Code of Practice on Employment confirms that this can cover verbal, non-verbal or physical conduct including unwelcome sexual advances, touching, forms of sexual assault, sexual jokes, displaying pornographic photos or drawings or sending emails with sexual content.

Section 26(3) also bans a second category of “unwanted conduct of a sexual nature or that is related to gender reassignment or sex”, namely any less favourable treatment for “rejecting or submitting to unwanted conduct”. This could include, for example, being refused a promotion for refusing (or accepting) someone’s advances. To bring a claim under the Act, the harasser and the person engaged in the less favourable treatment need not be the same person.