EQUALITY ACT 2010 DEFINITIONS

1. Discrimination under the Equality Act 2010 includes:

• Direct Discrimination which is where because of a protected characteristic a person is treated less favourably than others are treated.
• Indirect Discrimination which is when a working practice, policy or rule is the same for everyone but which puts or would put people with a protected characteristic at a particular disadvantage in comparison to others. Under the law indirect discrimination might be justified if it is a proportionate means of achieving a legitimate aim.

Direct Discrimination can also arise where a person is treated less favourably because, they are perceived or thought to have a protected characteristic even if they do not (discrimination by perception); or because although they do not have a protected characteristic, they have an association or connection with a person who does (discrimination by association).

2. Harassment has three definitions under the Equality Act 2010.

• Harassment related to a relevant protected characteristic is unwanted conduct related to a protected characteristic which has the purpose or effect of violating a person's dignity or subjecting them to an intimidating, hostile, degrading, humiliating or offensive environment. It is not necessary for the person to object to the conduct for it to be unwanted. Harassment can occur even if this was not the intention.
• Sexual harassment is unwanted conduct (verbal, non-verbal or physical conduct) of a sexual nature which has the purpose or effect of violating a person’s dignity or subjecting them to an intimidating, hostile, degrading, humiliating or offensive environment.
• Harassment and less favourable treatment is unwanted conduct of a sexual nature or that is related to the protected characteristics of gender reassignment or sex, which has the purpose or effect of violating a person’s dignity or subjecting them to an intimidating, hostile, degrading, humiliating or offensive environment; and because of the person’s rejection or submission to the conduct, they are treated less favourably than they would have been treated had they not rejected or submitted to the conduct.

In each of the three definitions of harassment, in cases where the conduct complained of had the effect (rather than the purpose) of violating a person’s dignity etc., the following must be taken into account: (i) the perception of the person subjected to the conduct; (ii) the other circumstances of the case; and (iii) whether it is reasonable for the conduct to have that effect. The perception of the person subjected to the conduct is only one of the relevant considerations.

In some cases harassment can amount to a criminal offence under the Protection from Harassment Act 1997. To be an offence there must be a course of conduct (which includes speech), which causes alarm or distress of another and which the person engaged in the conduct knows or ought to know amounts to harassment of another. The test is an objective one based on whether a reasonable person, in possession of the same information as the person engaged in the conduct, would think the course of conduct amounted to harassment.

3. Victimisation under the Equality Act 2010 is where someone ‘suffers a detriment’ i.e. is treated less favourably because they have done or are believed to have done or may do a protected act. A protected act includes:

• making an allegation or complaint that a person has acted in breach of the Equality Act;
• bringing proceedings under the Equality Act;
• giving evidence or information in connection with proceedings under the Equality Act (whether this does or does not support a complaint);
• doing any other thing for the purposes of or in connection with the Equality Act