Harassment linked to a protected characteristic needs careful factual analysis. Identify the unwanted conduct, the protected connection, the effect and the evidence. General unfairness may be serious without meeting the legal test.
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Protected characteristics
The Equality Act protects age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. The specific harassment provisions apply differently across these characteristics, so obtain specialist advice where the legal route matters.
What the complaint needs to show
- Unwanted conduct.
- A connection to a relevant protected characteristic, or conduct of a sexual nature.
- An effect or purpose involving dignity or an intimidating, hostile, degrading, humiliating or offensive environment.
- Facts supporting the connection and impact.
Examples of relevant evidence
Evidence may include comments, jokes, messages, treatment after disclosure, repeated references to a condition or identity, comparator decisions, exclusion, stereotypes, sexual conduct or a pattern that began after a protected issue was raised.
Members can unlock: a protected-characteristic analysis, evidence connection map, complaint wording, victimisation check, comparator method and route plan covering internal policy, grievance, equality support and urgent safeguards.
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