harassment
📖 What is harassment? Meaning and definition
In the context of UK law, particularly as seen in the provided case excerpts, harassment often relates to a protected characteristic, such as disability, under the Equality Act 2010. It involves actions or behaviours that are considered unwelcome and can cause distress or an adverse environment for the individual experiencing them. The legal system examines whether such conduct is 'well-founded' to determine if a complaint of harassment succeeds.
For a claim of harassment to be successful, it must be shown that the unfavourable treatment or conduct was indeed 'related to' the protected characteristic. The excerpts illustrate various forms this can take, such as blocking communication, contacting personal contacts, or being unsupportive and evasive regarding a person's needs related to their disability. The focus is on the impact of the behaviour on the individual.
The cases demonstrate that not all complaints of harassment are successful; some are dismissed if they are not deemed 'well-founded'. This indicates that there must be sufficient evidence and a clear link between the conduct and the protected characteristic, as well as the negative impact on the individual. The legal process involves presenting these complaints and having them assessed against the relevant legal standards.
While the provided excerpts are from employment tribunals, the principles of harassment related to protected characteristics are broadly applicable across different legal areas, including tenancy, where similar unwanted conduct could arise in relation to a tenant's protected characteristics.
📋 Requirements
- The conduct must be 'related to' a protected characteristic (e.g., disability).
- The complaint of harassment must be 'well-founded' to succeed.
- Examples of harassment include blocking communication, contacting personal contacts, or being unsupportive and evasive about needs.
📝 Procedure
- A claimant brings forward claims of harassment related to a protected characteristic.
- The tribunal reviews the claims and evidence to determine if they are 'well-founded'.
- Complaints that are not well-founded are dismissed.
💡 Examples
- A landlord repeatedly contacts a tenant's family members about rent arrears, knowing the tenant has a mental health condition that makes direct communication difficult, which could be seen as harassment related to disability.
- A property manager intentionally ignores a disabled tenant's requests for reasonable adjustments to their home, being evasive and unhelpful, which could constitute harassment related to disability.
- A letting agent blocks a tenant with a protected characteristic on a communication platform and then contacts their emergency contact without valid reason, potentially amounting to harassment.
- A landlord threatens a tenant with a formal disciplinary process based on their sickness absence record, knowing the absences are due to a disability, which could be considered harassment.
📚 Legal basis
- Equality Act 2010
❓ Frequently asked questions
What does 'harassment related to disability' mean?
It means unwanted conduct that is connected to a person's disability and has the effect of creating a hostile or offensive environment for them, or violating their dignity. The case excerpts show examples like blocking communication or being unsupportive of a disabled person's needs.
Can harassment claims succeed even if other discrimination claims don't?
Yes, the excerpts show that some complaints of harassment related to disability can be 'well-founded' and succeed, while other complaints of discrimination arising from disability might be dismissed.
What kind of actions are considered harassment?
Based on the cases, actions like blocking someone on a communication platform, contacting a person's contacts without good reason, or being purposely unsupportive and evasive about a person's needs related to their disability can be considered harassment.
Is there a time limit for bringing a harassment claim?
The excerpts mention that some complaints, such as indirect disability discrimination, might not be presented within the applicable time limit, but it can be 'just and equitable' to extend it. This suggests that time limits are important but can sometimes be adjusted.
What is the 'Equality Act 2010' and how does it relate to harassment?
The Equality Act 2010 is the main law that protects people from discrimination and harassment in the UK. The case excerpts explicitly refer to harassment relating to disability under Section 26 of this Act, indicating it's the legal basis for such claims.
What does 'well-founded' mean in the context of a harassment complaint?
When a complaint is 'well-founded', it means that the legal body (like a tribunal) has found sufficient evidence and legal basis to agree with the complaint. If a complaint is not well-founded, it is dismissed.