Victimisation occurs when a person is treated less favourably because:
They have brought proceedings against the discriminator or any other person under the SDA, EqPA, Part 1 of Schedule 5 to the Social Security Act 1989 or sections 62 – 65 Pensions Act 1995.
They have given evidence or information in connection with the above proceedings.
They have done anything by reference to these enactments in relation to the discriminator or any other person.
They have alleged that the discriminator or any other person has breached the relevant provisions of the above enactments.
If the discriminator knows that she (or he) intends to do any of those things or suspects that she has done or intends to do any of those things.
The above protection applies whether or not the original allegation of discrimination was true. The protection will not apply, however, if the allegation was false and not made in good faith. Victimisation is prohibited across all the activities covered by the SDA.
Harassment and sexual harassment in employment and related fields, and in vocational training (including further and higher education)
The SDA expressly prohibits harassment on grounds of sex, harassment on grounds of gender reassignment and sexual harassment in employment and related fields and in vocational training (including further and higher education). This includes, for example, harassment of employees, contract workers, office holders and students; harassment by qualifying bodies in relation to qualification or disqualification; and harassment by trade unions. This applies whether the harassment occurs before (in the case of applicants for work etc.), during or after the relationships between individuals and these bodies have come to an end.
'Harassment' is defined as unwanted conduct which takes place simply because someone is a woman or a man, and has the purpose or effect of violating that woman's (or that man's) dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for her (or him). An example of this might be a man who objects to a woman undertaking a particular type of work that has traditionally been done by men and who continually belittles her ability to do the job. It is conduct on the ground of a person's sex which is not necessarily of a sexual nature. Harassment on the grounds that a person intends to undergo, is undergoing or has undergone gender reassignment is also expressly prohibited.
'Sexual harassment' occurs when a person engages in any form of unwanted verbal, non-verbal, or physical conduct of a sexual nature, which has the purpose or effect of violating that woman's (or that man's) dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for her (or him). This would include a person making unwelcome sexually explicit comments or being verbally abusive in a sexually charged way, sending sexually explicit emails, displaying sexually explicit posters or inappropriate physical contact.
Unwanted conduct is only regarded as violating someone's dignity or as creating an intimidating, hostile, degrading, humiliating or offensive environment if, having regard to all the circumstances, including in particular the perceptions of the woman or man claiming that they have been harassed, it should reasonably be considered as having that effect. It has been