Learning Outcomes
After reading this article, you will be able to explain and apply the legal definitions of victimisation and harassment under the Equality Act 2010. You will understand the elements required to establish each type of prohibited conduct, the relevant protected characteristics, and how these concepts apply in practice for SQE1. You will also be able to identify common pitfalls and answer related SQE1-style questions.
SQE1 Syllabus
For SQE1, you are required to understand the Equality Act 2010’s provisions on prohibited conduct, including victimisation and harassment. You must be able to:
- define and distinguish victimisation and harassment under the Act
- identify the elements required to establish each type of prohibited conduct
- apply these concepts to practical scenarios involving protected characteristics
- explain the significance of protected acts, detriment, and unwanted conduct
- recognise the scope of protection for clients, employees, and service users.
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is a "protected act" for the purposes of victimisation under the Equality Act 2010?
- Which protected characteristics are excluded from the harassment provisions of the Act?
- True or false? A person must have a protected characteristic to be protected from victimisation.
- What must be shown to establish harassment under the Equality Act 2010?
Introduction
The Equality Act 2010 prohibits various forms of discrimination, including victimisation and harassment. These are distinct types of prohibited conduct that protect individuals in the workplace and when accessing services. For SQE1, you must be able to define these concepts, identify their elements, and apply them to realistic scenarios.
Victimisation under the Equality Act 2010
Victimisation occurs when a person is subjected to a detriment because they have done, or are believed to have done (or may do), a protected act.
Key Term: victimisation
Victimisation is treating someone unfavourably because they have done, or are believed to have done, a protected act under the Equality Act 2010.Key Term: protected act
A protected act includes bringing proceedings under the Act, giving evidence or information in connection with proceedings, doing anything related to the Act, or making an allegation that someone has contravened the Act.Key Term: detriment
Detriment means any disadvantage or unfavourable treatment that a reasonable person would consider as such in the circumstances.
Elements of Victimisation
To establish victimisation, the following must be shown:
- The claimant did a protected act (or the respondent believed they did or may do so).
- The respondent subjected the claimant to a detriment.
- The detriment was because of the protected act.
A person does not need to have a protected characteristic to be protected from victimisation.
Worked Example 1.1
Priya gives evidence in a colleague’s discrimination case against their employer. Afterwards, Priya is excluded from team meetings. Has she been victimised under the Equality Act 2010?
Answer: Yes. Priya did a protected act (giving evidence in proceedings under the Act) and was subjected to a detriment (exclusion from meetings) because of it.
Harassment under the Equality Act 2010
Harassment is unwanted conduct related to a relevant protected characteristic that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.
Key Term: harassment
Harassment is unwanted conduct related to a protected characteristic that violates dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.Key Term: unwanted conduct
Unwanted conduct is any behaviour the recipient does not welcome, whether verbal, non-verbal, or physical.
Relevant Protected Characteristics
Harassment provisions apply to all protected characteristics except marriage and civil partnership, and pregnancy and maternity.
Elements of Harassment
To establish harassment, the following must be shown:
- There was unwanted conduct.
- The conduct was related to a relevant protected characteristic.
- The conduct had the purpose or effect of violating dignity or creating an adverse environment.
Both the perception of the victim and whether it is reasonable for the conduct to have that effect are considered.
Worked Example 1.2
Samira, an employee, is repeatedly mocked by colleagues about her accent and religion. She finds the comments humiliating and distressing. Does this amount to harassment?
Answer: Yes. The conduct was unwanted, related to her religion (a protected characteristic), and had the effect of violating her dignity and creating a hostile environment.
Types of Harassment
The Act recognises three types:
- Harassment related to a protected characteristic (as above).
- Sexual harassment—unwanted conduct of a sexual nature.
- Less favourable treatment because of submission to or rejection of sexual harassment.
Worked Example 1.3
Alex is subjected to repeated sexual jokes by a manager. When Alex complains, the manager stops inviting Alex to important meetings. What claims may Alex have?
Answer: Alex may claim sexual harassment (unwanted sexual conduct) and less favourable treatment because of rejecting that conduct.
Application and Remedies
Victimisation and harassment are prohibited in employment, service provision, and other contexts covered by the Act. Claims are usually brought in the employment tribunal (for employment) or county court (for services). Remedies include compensation for financial loss and injury to feelings, declarations, and recommendations.
Exam Warning
For SQE1, remember that a person does not need to have a protected characteristic to be protected from victimisation. Also, harassment does not require intent—effect is sufficient if it is reasonable.
Revision Tip
When answering SQE1 questions, carefully identify whether the facts show a protected act, detriment, unwanted conduct, and a link to a protected characteristic.
Key Point Checklist
This article has covered the following key knowledge points:
- Victimisation and harassment are distinct forms of prohibited conduct under the Equality Act 2010.
- Victimisation requires a protected act, detriment, and a causal link.
- Harassment requires unwanted conduct related to a protected characteristic and an adverse effect on dignity or environment.
- Harassment does not require intent; effect is sufficient if reasonable.
- A person does not need a protected characteristic to be protected from victimisation.
- Both concepts apply in employment and service contexts, and can be claimed in tribunals or courts.
Key Terms and Concepts
- victimisation
- protected act
- detriment
- harassment
- unwanted conduct
