Q&As

Can a self-employed individual bring a claim for sexual harassment in the employment tribunal against the company they work for?

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Published on: 26 January 2021
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An individual who has been sexually harassed potentially has a claim under the Equality Act 2010 (EqA 2010) and/or under the Protection from Harassment Act 1997 (PHA 1997).

Equality Act 2010—protection against harassment

Harassment is prohibited under EqA 2010.

Protection against standard harassment is provided where an individual is subjected to:

  1. •

    unwanted conduct

  2. •

    that is related to a ‘relevant protected characteristic’ that they have, and

  3. •

    the unwanted conduct has the purpose or effect of:

    1. â—¦

      violating their dignity, or

    2. â—¦

      creating an environment that is intimidating, hostile, degrading, humiliating or offensive to them

The ‘relevant protected characteristics’ for these purposes are:

  1. •

    age

  2. •

    disability

  3. •

    gender reassignment

  4. •

    race

  5. •

    religion or belief

  6. •

    sex, and

  7. •

    sexual orientation

There is separate protection against conduct which is of a sexual nature. This type of harassment does not need in any way to 'relate to' a protected characteristic. It occurs where:

  1. •

    the perpetrator engages in conduct of a sexual nature

  2. •

    that

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Jurisdiction(s):
United Kingdom
Key definition:
Harassment definition
What does Harassment mean?

The concept whereby an employee suffers from the conduct of, or an act by, an employer or another person which is in the form of harassment.

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