Section 26 — Equality Act 2010: Harassment

Harassment 26 1 A person (A) harasses another (B) if—

a A engages in unwanted conduct related to a relevant protected characteristic, and b the conduct has the purpose or effect of—

i violating B's dignity, or ii creating an intimidating, hostile, degrading, humiliating or offensive environment for B.

2 A also harasses B if—

a A engages in unwanted conduct of a sexual nature, and b the conduct has the purpose or effect referred to in subsection (1)(b).

3 A also harasses B if—

a A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex, b the conduct has the purpose or effect referred to in subsection (1)(b),

and c because of B's rejection of or submission to the conduct, A treats B less favourably than A would treat B if B had not rejected or submitted to the conduct.

4 In deciding whether conduct has the effect referred to in subsection (1)(b), each of the following must be taken into account—

a the perception of B;

b the other circumstances of the case;

c whether it is reasonable for the conduct to have that effect.

5 The relevant protected characteristics are— age; disability; gender reassignment; race; religion or belief; sex; sexual orientation.